CHAPTER 85

AN ACT PROVIDING FOR THE REORGANIZATION OF THE GOVERNMENT OF NEW CASTLE COUNTY AND AMENDING AND REPEALING EXISTING LAWS PERTAINING THERETO.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Part II, Title 9, Delaware Code, is amended by inserting therein a new Chapter 11 to read as follows:

CHAPTER 11

COUNTY EXECUTIVE AND COUNTY COUNCIL

SUBCHAPTER I.

POWERS OF THE GOVERNMENT OF

NEW CASTLE COUNTY

§ 1101. General powers

The Government of New Castle County as established by this Chapter shall have and shall assume all powers which, under the Constitution of the State of Delaware, it would be competent for the General Assembly to grant by specific enumeration and which are not denied by Statute, including but not limited to any powers heretofore conferred by the General Assembly upon New Castle County or upon the Levy Court of New Castle County or upon the Levy Court Commissioners of New Castle County or upon the officers or employees of New Castle County, or upon counties generally or upon Levy Court Commissioners generally. This grant of power includes the power to fix the tax rate upon the assessed valuation of all real property in New Castle County subject to assessment by the County. This grant of power does not include the pow_er to enact private or civil law concerning civil relationships except as incident to the exercise of an expressly granted power and does not include the power to define and provide for the punishment of felonies.

§ 1102. Transfer of functions

(a) The term "local service function" as used in this Chapter shall mean a local governmental service or a group of closely allied governmental services performed by New Castle County or by a municipality within New Castle County for its inhabitants and for which, under constitutional and statutory provisions and judicial interpretations, the County or any municipality as distinguished from the State has a primary responsibility for provision and financing. Without in any way limiting the foregoing, the following are examples of local service functions: (1) planning and zoning including subdivision regulations; (2) adoption and enforcement of ordinances and regulations for the protection of persons and property from hazards in the use, occupancy, condition, alteration, maintenance, repair, sanitation, removal and demolition of buildings and structures or any parts thereof and grounds appurtenant thereto, in the operation of equipment therein, and of out-door signs including but not limited to zoning ordinances and regulations thereunder, building codes and regulations thereunder, plumbing codes and regulations thereunder or other such codes; (3) programs for redevelopment, low rent housing and urban renewal; (4) parks and park related activities and recreational programs; (5) police protection; (6) fire protection; (7) public works including but not limited to maintenance and operation of sanitary and storm sewers, drainage systems, sewage disposal facilities, refuse disposal facilities, including trash and garbage collection disposal; (8) lighting of streets, roads, alleys, and other public places, maintenance and operation of water supply system; (9) library services.

(b) The term "municipality" as used in this Chapter shall mean any municipal corporation located within New Castle County and incorporated pursuant to law by the General Assembly of the State of Delaware which performs for its residents any local service function and pays the cost thereof out of its own revenue sources.

(c) Responsibility for a local service function or a distinct activity or portion thereof exercised by a municipality located within New Castle County, may be transferred to the County by the concurring affirmative action in the form of an

ordinance of the County Council of New Castle County and of the governing body of the municipality concerned. Responsibility for a local service function or a distance activity or portion thereof not exercised by New Castle County or by a municipality located within New Castle County as of the effective date of this act, or exercised by New Castle County as of the effective date of this act, may be transferred to a municipality located within New Castle County by the concurring affirmative action in the form of an ordinance of the County Council of New Castle County and of the governing body of the municipality concerned.

(d) The expression of official action transferring a local service function shall make explicit: (1) the nature of the local service function transferred; (2) the effective date of such transfer; (3) the manner in which affected employees engaged in the performance of the function will be transferred, reassigned or otherwise treated; (4) the manner in which real property, facilities, equipment or other personal property required in the exercise of the function are to be transferred, sold or otherwise treated; (5) the method of financing to be used in the exercise of the function received; (6) other legal, financial, and administrative arrangements necessary to effect transfer in an orderly and equitable manner.

§ 1103. Exercise of powers

All powers of the government of New Castle County shall be carried into execution as provided by this Title or by other law of this State or if this Title or other law of this State makes no such provision, as provided by ordinance or resolution of the County Council of New Castle County.

SUBCHAPTER II. COUNTY EXECUTIVE

§ 1111. Election and term

(a) At the first general election in November following the enactment of this Chapter, and each fourth year thereafter, a County Executive shall be elected at large from New Castle County, except that if such first general election is in a non-presidential election year, then the County Executive thus elected shall serve a term of two years and thereafter shall be .elected each fourth year in a presidential election year. He shall take office on the first Tuesday in January following his election. He shall serve no more than two consecutive terms of four years each, not counting any partial terms he may serve as a result of vacancy in the office of County Executive or as a result of his election to a term of two years as aforesaid. Following any two consecutive four year terms served by the County Executive, he may again hold the office provided that a four year term has intervened since he last held the office.

(b) The County Executive shall be the chief executive officer of the County. He shall be responsible to the people of the County for the executive and administrative work of the County. He shall be recognized as the head of the County government for all ceremonial purposes, the purposes of military law, and the acceptance of service of civil process.

§ 1112. Qualifications

The County Executive shall be a citizen of the United States, a qualified elector of New Castle County, and shall have been a resident of New Castle County for at least five years immediately preceding his election. Removal from the County as a resident shall be construed as vacating the office of County Executive. He shall be no less than 27 years old when elected to the office of County Executive.

§ 1113. Compensation

The salary of the person first elected to the office of County Executive shall be a minimum of $17,500.00 per year. The salary may be changed by ordinance, but shall not be decreased below $17,500 per year. No ordinance changing such salary shall become effective until the date of commencement of the term of the County Executive following the term in which the salary was changed and provided the effective date follows the change of salary by not less than six months.

§ 1114. Vacancy in office

Whenever a vacancy occurs in the office of County Executive by reason of death, resignation, removal from office or other

cause, the President of the County Council shall serve as County Executive until the latter office is filled as a result of an election. If a vacancy in the office of County Executive occurs more than 30 days prior to the date of a primary election in which County officers are nominated, the vacancy shall be filled for the remainder of the term in the next succeeding general election and the County Executive elected in this manner shall take office on the first Tuesday following his election. If a vacancy in the office of County Executive occurs less than 30 days prior to the date of a primary election in which County officers are nominated, the vacancy shall be filled for the remainder of the term by the President of the County Council. If the President of the County Council becomes County Executive, his office as Councilman shall become vacant.

§ 1115. Absence or disability

During the temporary absence or disability of the County Executive, the Chief Administrative Officer shall act as County Executive and may sign contracts or other legal papers or instruments which the County Executive is authorized to sign. The County Executive shall designate in writing a head of a County department who shall act as County Executive during the temporary absence or disability of both the County Executive and the Chief Administrative Officer. The Acting County Executive may sign contracts or other legal papers or instruments which the County Executive is authorized to sign.

§ 1116. Powers and duties

(a) The County Executive shall see that the duties and responsibilities of the executive and administrative agencies of the County are properly performed and that the work of the County offices, departments, and agencies is properly coordinated.

(b) The County Executive shall see that the laws of the State required to be administered by the County, the provisions of this Title, ordinances, and regulations of the County are enforced.

(c) The County Executive shall make appointments to positions for which he has appointing authority and to other

positions for which no appointing authority is prescribed.

(d) The County Executive, except as otherwise provided in this Title, shall remove or suspend at his pleasure any person whom he may appoint to a position of trust or emolument.

(e) The County Executive shall receive and examine complaints made against any officer or employee for neglect of duty or malfeasance in office.

(1) The County Executive shall have full authority to examine the books, papers, records, accounts, moneys, securities and property of the County in the possession of all offices, departments, or boards which he supervises, and may in his discretion delegate such authority to one or more competent persons.

(g) The County Executive shall require the fiscal officers of the County to make such special audits, investigations, or examinations as he may deem appropriate.

(h) The County Executive shall require of officers, departments, or agencies under his supervision the submission of any reports he deems appropriate.

() The County Executive shall sign all contracts, bonds, or other instruments requiring the assent of the County, except those which other officers are authorized by this Title or by the County Council under this Title, to sign.

(a) The County Executive shall administer oaths necessary or appropriate for the performance of his duties.

(b) The County Executive shall prepare and submit to the County Council and execute after adoption the annual budget, capital program, and capital budget.

(1) The County Executive shall exercise such other powers and perform such other duties as may be prescribed by ordinance or by law.

§ 1117. Performance of functions by contract

Whenever in this Title any function or duty is assigned to any officer, department or board for performance, such officer, department or board may perform such function by contract to the extent authorized in writing by the County Executive.

§ 1118. Civil Defense

The County Executive shall by rule provide for the organization and performance of such civil defense functions as shall from time to time be performed by the County.

§ 1119. Communications between County Executive and County Council

The County Executive orally or in writing may present messages, information, recommendations to the County Council.

§ 1120. Power to appoint Chief Administrative Officer and Department Directors

(a) The County Executive shall appoint a Chief Administrative Officer who shall serve at the pleasure of the County Executive. The Chief Administrative Officer shall be qualified by education, training and experience for the duties to be performed by him.

(b) The County Executive, with the advice and consent of the County Council, shall appoint the Directors of the executive Departments of Finance, Planning, Development and Licensing, Public Works, Police, and Parks and Recreation, who shall serve at the pleasure of the County Executive.

§ 1121. Powers and duties of Chief Administrative Officer

(a) The Chief Administrative Officer shall assist the County Executive in carrying out his duties and responsibilities and, subject to the policies and directives of the County Executive, shall have general supervision over the executive and administrative agencies of the County.

(b) The Chief Administrative Officer on behalf of the County Executive shall prepare the annual operating budget, capital program, and capital budget as provided by this chapter. He shall supervise the execution of the budgets. He shall prepare reports and information concerning the status of the financial and other affairs of the County which will keep the County Executive, County Council, and the public informed as to all offices, departments, and agencies receiving appropriations from the County Treasury.

SUBCHAPTER III. BUDGETING

§ 1131. Separate budgeting for local service functions performed by the County outside of the limits of municipalities

(a) The Chief Administrative Officer and the County Executive in the preparation of the annual operating budget shall divide and segregate in a separate budget, entitled Local Service Function Budget, all expenditures for the performance of local service functions which are not performed by the County within the limits of any municipality. The Chief Administrative Officer and the County Executive in the preparation of the Local Service Function Budget shall specify separately the total appropriation required for the performance of each local service function which is not performed by the County within the limits of any municipality. The County Executive in estimating the revenues which will be necessary for the payment of the cost of each such local service function shall not include in the estimate any estimated revenues to be derived from ad valorem taxation of real property within any municipality which performs such function independently for its residents and pays the cost thereof out of its own revenue sources.

(b) The County Executive shall submit to the County Council a proposed revenue ordinance which will achieve sufficient revenues to balance the total operating budget including the Local Service Function Budget. The County Executive in the preparation of the proposed revenue ordinance shall not, and the County Council and the County Executive in the enactment of the annual revenue ordinance shall not, impose ad valorem taxation on real property within any municipality to pay the cost of any local service function if such function is performed by the municipality for its residents and the cost thereof is paid out of municipal revenues.

(c) The provisions of subsections (a) and (b) shall not be applicable (1) in any instance where a municipality initiates the performance of or exercises responsibility for a local service function or a distinct activity or portion thereof not previously exercised by the municipality as of the effective date of this act without the affirmative action in the form of an ordinance of the County Council of New Castle County, and (2) to the cost of operation by the County of park and recreational facilities which are not local in nature and which serve the metropolitan area.

(d) The Chief Administrative Officer and the County Executive in the preparation of the annual operating budget shall divide and segregate in a separate budget entitled General Operating Budget all expenditures not properly allocable to the Local Service Function Budget. The County Council in estimating the revenues which will be necessary for the payment of these expenditures shall include the estimated revenues to be derived from ad valorem taxation of real property within the County.

(e) The County Executive in the preparation of the proposed revenue ordinance and the County Council and the County Executive in the enactment of the annual revenue ordinance shall uniformly impose ad valorem taxation on real property within the County to pay the cost of the General Operating Budget.

§ 1132. Preparation of the annual operating budget; distribution of budget requests; completed forms; preliminary budget; preliminary budget hearings; operating budget; distribution of operating budget

(a) The Chief Administrative Officer shall annually, not later than the first day of January, distribute budget request forms to the County Council and for each office, department, board, or agency which is receiving or seeking to receive an appropriation from the County Council payable from any operating fund of the County.

(b) The County Council and the head of each office, department, board or agency shall enter upon such forms requests for appropriations for the ensuing year and such supporting information as the Chief Administrative Officer shall have specified. All completed forms shall be delivered to the Chief Administrative Officer not later than the fifteenth day of February.

(c) The Chief Administrative Officer shall prepare a preliminary budget for the consideration of the County Executive. The preliminary budget shall include all budget requests, the recommendations of the Chief Administrative Officer with respect to each request, an estimate of the receipts from each source of revenue, and a statement of the total estimated income and the total recommended expenditures for each operating fund.

(d) The County Executive shall review the preliminary budget and may hold hearings thereupon at which the head of each office, department or board may be given an opportunity to be heard with respect to his requests. The Chief Administrative Officer shall thereupon prepare the operating budget as directed by the County Executive. The operating budget shall be presented to the County Council by the County Executive together with a budget message outlining his reasons for the requested appropriations and shall be accompanied by proposed revenue and operating budget ordinances to give effect to the budget as presented. If the estimated revenue from existing sources is deemed by the County Executive to be insufficient to balance the budget, he shall recommend revenues sufficient to achieve a balanced budget.

(e) The proposed ordinance for the operating budget shall provide appropriations in a lump sum under the following classes for each office, department, or board to which appropriations are made: (1) personal services of officers and employees; (2) contractual services; (3) materials and supplies; (4) equipment; (5) improvements of an estimated life of less than 10 years; (6) debt services; (7) such other general classes as the County Executive or the County Council may annually establish.

(f) The operating budget and the proposed revenue and operating budget ordinances shall be submitted to the County Council not later than the first day of April. Sufficient copies of the operating budget shall be supplied by the County Executive to the Clerk of the County Council for distribution to members of the County Council and to interested citizens.

§ 1133. Administration and enforcement of the operating budget ordinance; adoption of operating budget; allocations and allotments; approval of allocations and allotments; revisions; liability

(a) The adoption of the operating budget ordinance shall constitute an appropriation of the sums specified therein for the purpose and from the funds indicated. Such appropriation shall be considered valid only for the year for which made, and any part of such appropriation which is not encumbered or expended shall lapse at the end of the year.

(b) Following the adoption of the operating budget ordinance, the Chief Administrative Officer shall determine, with the approval of the County Executive, such allocation or allotment procedures as he shall deem appropriate for a proper administration of the budget. The head of each office, department, or board shall submit to the Chief Administrative Officer such work programs and requests for allocations and allotments as he deems appropriate for the most efficient and effective operation of his office, department or board.

(c) The approval of such allocations and allotments, in the amounts submitted or in amended amounts approved by the County Executive, shall constitute budgetary allocations and allotments which shall be binding upon such office, department, or board and the Department of Finance shall not approve nor issue any requisition, purchase order, voucher, or check that is not in accordance with such allocation or allotment.

() The allocations and allotments herein provided may be altered at the direction of the County Executive. The County Executive shall direct appropriate revisions in allocations and allotments to keep expenditures within the revenues received or anticipated.

(e) The Director of Finance and his surety shall be liable for any money withdrawn from any operating fund other than in accordance with the operating budget ordinance and the allocations and allotments approved under the foregoing procedure.

§ 1134. Preparation of the capital program and the capital budget; preparation by Chief Administrative Officer; recommendation by County Executive; action by County Council

(a) The Chief Administrative Officer shall annually prepare a capital program and a capital budget under the direction of the County Executive. In the course of the preparation of the capital program, the Chief Administrative Officer shall confer with the Department of Planning and the Planning Board with a view to ascertaining that the proposed capital program is in accordance with the comprehensive development plan prepared by the Department of Planning.

(b) No later than the first day of April of each year, the County Executive shall recommend to the County Council a capital program for the ensuing six years and a capital budget for the ensuing year. Not later than the date upon which he submits the capital program to the County Council, the County Executive shall submit it to the Planning Board for its review and recommendations to the County Council.

(c) The proposed capital program and the proposed capital budget shall have such content and be in such form as to enable action to be taken thereupon the County Council as required by this title.

(d) The County Executive in the preparation of the Capital Budget shall not include in the revenue estimates any estimated revenues to be derived from ad valorem taxation of real property within a municipality for any capital expenditure including debt service which is related to the performance by the County of a local service function which is performed by the municipality for its own residents and for which the cost is paid out of municipal revenues. The County Council in the adoption of the Capital Budget by ordinance shall not impose

ad valorem taxation on real property within a municipality for the payment of the cost of any capital expenditure including debt service which is related to the performance by the' County of a local service function which is performed by the municipality for its own residents and for which the cost is paid out of municipal revenues. The provisions of this subsection shall not be applicable to capital expenditures including debt service for the acquisition by the County of park and recreational facilities which are not local in nature and which serve the metropolitan area.

(e) The County Executive and the County Council in the adoption of a Capital Budget by ordinance shall uniformly impose ad valorem taxation on real property within the County for the payment of the cost of any capital expenditure including debt service which is not related to the performance by the County of a local service function which is performed by a municipality for its own residents and for which the cost is paid out of municipal revenues.

§ 1135. Administration of the capital budget

The Chief Administrative Officer under the supervision of the County Executive, shall be responsible for the administration of the capital budget as adopted by ordinance. To this end, he shall cause each office, department or board to take necessary action to provide for the prompt and efficient execution of the capital budget.

§ 1136. Fiscal year

The fiscal year of the County shall commence on July 1 of each year and conclude upon June 30 of the following year.

§ 1137. Encumbrance defined

For the purpose of this title, the term "encumbrance" shall mean a commitment for expenditure of an appropriation evidenced by a valid purchase order for specific supplies, material, work or services from a designated vendor.

SUBCHAPTER IV. COUNTY COUNCIL

§ 1141. Number and Term

(a) The County Council shall consist of seven members. Six of the members shall be elected from councilmanic districts.

The seventh member shall be elected at large from New Castle County and shall serve as President of the County Council. Unless otherwise provided by law, councilmen shall serve a term of four years, or until their successors have been elected and take office. A councilman shall take office on the first Tuesday in January following his election.

(b) The Levy Court of New Castle County and the office of Levy Court Commissioner of New Castle County, including the offices of the incumbents, are abolished as of the first Tuesday of January, 1967. The two Levy Court Commissioners whose terms would not have otherwise expired on the first Tuesday of January, 1967, shall become members at large of the County Council until the expiration of the term for which each originally was elected as Levy Court Commissioner, i.e., the first Tuesday of January, 1969 and the first Tuesday of January, 1971, respectively, so that on the first Tuesday of January, 1967, there shall be nine members of the County Council, and on the first Tuesday of January, 1969, there shall be eight members of the County Council, and on the first Tuesday of January, 1971, there shall be seven members of the County Council. In case of death or resignation of said incumbent members, or their successors, prior to the expiration of the terms as aforesaid, the Governor shall appoint some suitable person of the same political party having the qualifications previously required of a Levy Court Commissioner, pursuant to the provisions of Section 9, Article III, of the Constitution of this State. For any purpose for which a majority vote or five-sevenths vote is required by this title during the time that the County Council shall be composed of more than seven members, the number so required shall be five and six respectively.

§ 1142. Qualifications

Councilmen shall be citizens of the United States and qualified electors of the County. They shall be residents of the district from which they are elected or, in the event of redistricting, of the district as adjusted for at least one year prior to their election. Councilmen must not be less than 24 years old when elected to office. The County Council shall be the judge of the qualifications of its members.

§ 1143. Prohibitions

Except where authorized by law, no Councilman shall hold any other county office or employment by the County government during the term for which he was elected to the County Council. No former Councilman shall hold any compensated appointed County office or employment until one year after the expiration of the term for which he was elected to the County Council.

§ 1144. Salary

The annual salary of Councilmen shall be $7,000 until changed by ordinance, except that no increase shall be effective during the current term of the members enacting such ordinance and no change shall be made during the final six months of the term of any member. Councilmen shall receive their actual and necessary expenses incurred in the performance of their duties of office. Expenses for travel within New Castle County shall not be paid.

§ 1145. President of the County Council; President pro tempore

(a) At the first general election in November following the enactment of this chapter, and each fourth year thereafter, a President of the County Council shall be elected at large from New Castle County, except that if such first general election is in a non-presidential election year, then the President of the County Council thus elected shall serve a term of two years and thereafter shall be elected each fourth year in a presidential election year. The President of the County Council shall preside over meetings of the County Council and shall have the same rights and duties including the right to vote and speak therein as other members.

(b) The County Council shall elect by majority vote from among its members a President pro-tempore of the County Council who shall, during the absence of the President or a vacancy in the office, assume its rights and duties.

§ 1146. Powers of County Council

All legislative powers of the County shall be vested in the County Council, except as otherwise provided by this title or other laws of the State of Delaware, and the County Council shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the County by law.

§ 1147. Vacancies

(a) The office of a Councilman shall become vacant upon his death, resignation, removal from office in any manner authorized by law, or forfeiture of his office.

(b) The office of a Councilman shall be deemed to have been forfeited should the incumbent at any time during his term of office: (1) lack any qualifications for the office prescribed by this subchapter or other law of the State, including residence in the district from which he was elected; (2) violate any express prohibition of this title or (3) be convicted of a crime involving moral turpitude.

(c) When a vacancy occurs in the office of Councilman, the County Council shall certify that a vacancy exists. If a vacancy occurs more than 30 days prior to the date of a primary election in which County officers are nominated, the vacancy shall be filled for the remainder of the term in the next succeeding general election and the Councilman elected in this manner shall take office on the first Tuesday following his election.

(d) If a vacancy in the office of Councilman occurs less than 30 days prior to the date of a primary election in which County officers are nominated or pending the election of a Councilman to fill a vacancy under subsection (c), the County Council, by a majority vote of all its remaining members, shall appoint a qualified person to fill the vacancy for the remainder of the term. If the County Council fails to fill a vacancy within 30 days following the occurrence thereof, the Department of Elections shall call a special election to fill the vacancy for the remainder of the term, the special election to be held not sooner than 60 days and not later than 120 days following occurrence of the vacancy.

§ 1148. Clerk of County Council

The County Council shall appoint a Clerk of County Council who shall keep the journal of its proceedings, and perform such other duties as are assigned to him by this title or by the County Council. The County Council may provide for employees to serve in the office of the Clerk of County Council.

§ 1149. Investigations; refusal to obey; penalties

(a) The County Council may make investigations into the affairs of the County and the conduct of any County department, office or agency, and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of pertinent evidence of any kind. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the County Council shall be guilty of a misdemeanor and punishable in accordance with a schedule of fines and imprisonment established by the County Council. In no event shall a fine exceed $500 and an imprisonment shall not exceed one year. Any combination of fines and imprisonment shall not exceed both $500 and one year.

(b) The Superior Court shall have exclusive original jurisdiction over offenses under this section.

§ 1150. Procedure

(a) The County Council shall meet regularly at least twice in each month at 8:00 P. M. The place and dates of regular meetings and the places of special meetings shall be established by the County Council as a part of the rules of procedure adopted for the conduct of its meetings. Special meetings may be held on call of the President of County Council or of a majority of the members of the County Council in accordance with rules adopted as a part of the rules of procedure of the County Council. All meetings shall be public. Official County business transacted by the County Council shall be in the public meetings.

(b) The County Council shall determine its own rules and order of business and shall provide for keeping a journal of its proceedings which shall be a public record.

(c) Voting, except on procedural motions, shall be by roll call and the ayes and nays shall be recorded in the journal. A majority of all members of the County Council shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the County Council. No action of the County Council, except as otherwise provided in this title, shall be valid or binding unless adopted with the concurrence of a majority of all the members of the County Council.

§ 1151. Action required by ordinance

All actions of the County Council which shall have the force of law shall be by ordinance.

§ 1152. Ordinances generally

(a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance, except those relating to the budget or appropriation of funds and those relating to the adoption or revision of the County Code shall contain more than one subject which shall be clearly expressed in its title. The enacting clause shall be "The County of New Castle hereby ordains". Any ordinance which repeals or amends an existing ordinance or part of the County Code shall set out in full that part of the ordinance, sections or subsections to be repealed or amended, and shall indicate matter to be omitted by enclosing it in brackets or by strikeout type and shall indicate new matter by underscoring or by italics.

(b) An ordinance may be introduced by any member at any regular or special meeting of the County Council. Upon introduction of any ordinance, the Clerk of County Council shall distribute a copy to each Councilman and to the County Executive; shall file a reasonable number of copies in the office of the Clerk of County Council and such other public places as the County Council may designate; shall publish the ordinance together with a notice setting out the time and place for a public hearing thereon by the County Council and shall produce a sufficient number of copies thereof to meet reasonable demands therefor by interested citizens and others who may be affected by such ordinance. The public hearing shall follow the publication by at least one week; may be held separately or in connection with a regular or special County Council meeting and may be adjourned from time to time, and all persons interested shall have a reasonable opportunity to be heard. The County Council may make rules governing the holding of public hearings. After the public hearing the County Council may adopt the ordinance with or without amendments or reject it, but if it is amended as to any matter of substance which is not embraced within the title of the ordinance, the County Council may not adopt it until the ordinance or its amended sections have been subjected to all of the procedures herein-before required in the case of a newly introduced ordinance. As soon as practicable after adoption of any ordinance, the Clerk of County Council shall number the ordinance and have it published again, together with a notice of its adoption.

(c) Except as otherwise provided in this title, every adopted ordinance shall become effective at the expiration of 30 days after adoption unless the ordinance itself stipulates a different date.

(d) As used in this section, the term "publish" means to print in one or more newspapers of general circulation in the County: (1) the ordinance or the title thereof; (2) the places where copies of the ordinances have been filed, the times when they are available for public inspection, and the place and the cost at which copies may be procured.

§ 1153. Procedure for amendments to Zoning Code

(a) All amendments to the Zoning Code shall be by ordinance. Not more than 3 days after the introduction of an ordinance amending the Zoning Code, the County Council shall refer it to the Department of Planning and the Planning Board for recommendation.

(b) Within 45 days thereafter the Department of Planning and the Planning Board shall deliver its recommendation to the County Council who shall again publish the ordinance and

establish a time and place at which a public hearing shall be held, provided that the County Council may by its rules and regulations require persons interested in the proposed ordinance to give it advance notice of intent to be heard thereupon. Upon the failure of the Department of Planning and the Planning Board to deliver its recommendation to the County Council within 45 days, the County Council may proceed as aforesaid.

§ 1154. Procedure for adoption of official map

(a) At the time of the presentation of the proposed official map or amendments thereto, an ordinance shall be introduced into the County Council for adoption of such map or amendment thereto.

(b) Not less than 30 days prior to the adoption of the ordinance, the County Council shall have given notice to the owner of any property affected by any line of a proposed street or any change in the line of any existing street. Such notice shall be by registered mail to the owner of record at his last known address and by publication in a newspaper of general circulation in the County.

(c) Prior to the adoption of the official map, the County Council shall advise the State Highway Department of any proposed new street, or of the proposed change in the lines of any existing street. The County Council shall not proceed with the adoption of the ordinance until the State Highway Department has approved the proposed new street or changes in the lines in existing streets, provided that the approval of the State Highway Department shall be presumed should the County Council have received no communication to the contrary within 30 days of submission of the proposed new street or change in the lines of existing streets to the State Highway Department.

§ 1155. Consideration and adoption of the annual operating budget ordinance

(a) The County Council, upon receipt of the operating budget, shall immediately publish a notice in a newspaper of general circulation in the County, setting forth:

(1) A summary of the estimated revenues and expenditure.

(2) The detail of recommended new sources of revenue or increased rates of existing taxes, licenses, fees or other revenue.

(3) That copies of the budget are available at the office of the Clerk of County Council.

(4) The date, time, and place at which the County Council will commence its public hearings upon the proposed budget, which shall not be less than 10 days after the date of publication of such notice.

(b) The County Council, upon conclusion of its public hearings but not later than the first day of June, shall enact the operating budget ordinance. The County Council may increase, decrease, or delete any item of appropriation recommended by the County Executive, and may add new items of appropriation.

(c) No amendment to the operating budget ordinance shall increase the aggregate of authorized expenditures to an amount greater than the estimate of revenue for the corresponding period.

(d) The County Council in the adoption of the annual operating budget ordinance shall divide and segregate in a separate budget, entitled Local Service Function Budget, all expenditures for the performance of local service functions which are not performed within the limits of any municipality. The County Council in the adoption of the Local Service Function Budget shall specify separately the total appropriation required for the performance of each local service function which is not performed within the limits of any municipality. The County Council in estimating the revenues which will be necessary for the payment of the cost of each such local service function shall not include in the estimate any estimated revenues to be derived from ad valorem taxation of real property within any municipality which performs such function independently for its residents and pays the cost thereof out

of its own revenue sources. The provisions of this subsection shall not be applicable (1) in any instance where a municipality initiates the performance of or exercises responsibility for a local service function or a distinct activity or portion thereof not previously exercised by the municipality as of the effective date of this act without the affirmative action in the form of an ordinance of the County Council of New Castle County, and (2) to the cost of operation by the County of park and recreational facilities which are not local in nature and which serve the metropolitan area.

(e) The County Council in the adoption of the annual operating budget ordinance shall divide and segregate in a separate budget, entitled General Operating Budget, all expenditures not properly allocable to the Local Service Function Budget. The County Council in estimating the revenues which will be necessary for the payment of these expenditures shall include the estimated revenues to be derived from ad valorem taxation of real property within the County.

§ 1156. Submission of Ordinance to County Executive

(a) No ordinance shall be considered as officially adopted until it has secured the signature of the County Executive or has become effective without the signature of the County Executive as provided in this section.

(b) Every ordinance approved by the County Council shall be signed by the President of the County Council and presented forthwith to the County Executive.

(c) If the County Executive approves an ordinance presented to him, he shall sign it and return it to the Clerk of the County Council and the ordinance shall take effect in 30 days unless a different effective date is specified in the ordinance.

(d) If the County Executive disapproves an ordinance presented to him, he shall return it to the Clerk of County Council with his objections stated in writing and the Clerk of County Council shall present the same with such objections to the County Council at its next regular meeting, and such

objections shall be entered upon the journal of the County Council. The County Council may, within 30 days thereafter, reconsider the same; if after such reconsideration five-sevenths of all the members of the County Council shall vote to pass the ordinance, the same shall take effect notwithstanding the objections of the County Executive, unless a greater number of members are necessary according to the provisions of this subchapter for the original passages of the ordinance, in which case unless as many members as are requisite for the original passage of the ordinance shall vote to pass the ordinance, it Shall not take effect. If any ordinance shall not be returned by the County Executive to the office of the Clerk of County Council within ten calendar days after it shall have been presented to him, or if such ordinance shall be returned after the ten day period without the County Executive's approval, the same shall take effect in like manner as if the County Executive had approved and signed it.

(e) The County Executive may disapprove or reduce any item or items of appropriation in any ordinance except for the following:

(1) Items prescribing salaries established by State law or prescribed by this title.

(2) Items appropriating funds for the purpose of auditing or investigating any part or all of the executive or administrative agencies of the County.

(3) Items for payment of principal and interest on the public debt.

(4) Items relating to the internal operating expenses of the County Council.

(f) Subject to the foregoing exceptions, the approved part or parts of any ordinance making appropriations shall become a law, and the part or parts disapproved, or the item or items reduced, shall not become law unless passed by the County Council over the veto of the County Executive as provided in the provisions of this Chapter applicable to the veto of an ordinance.

§ 1157. Emergency ordinances

To meet a public emergency affecting life, health, property or the public peace, the County Council may adopt emergency ordinances, but such ordinances may not levy taxes, grant, renew or extend a franchise, or authorize the borrowing of money except to issue emergency notes as provided by law. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least five-seventh of the members shall be required for adoption. After its adoption, the ordinance shall be published and printed as prescribed for other adopted ordinances. It shall become effective upon its adoption or at such later time as it may specify. Every emergency ordinance except one made for the issuance of emergency notes shall automatically stand repealed as of the sixty-first day following the date on which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.

§ 1158. Budget of revenues

(a) The County Council, at the meeting at which the annual operating budget ordinance is adopted and within the limits of its power and subject to other provisions of this title, shall ordain such taxes and other revenue measures as will yield sufficient revenue, which, together with any available surplus, will balance the budget.

(b) Revenues shall be estimated only upon the basis of the cash receipts anticipated for the fiscal year.

(c) The estimated yield from each item of revenue and of the amounts of surplus to be used in the balancing of the

budget shall be certified to the County Council by the County Executive.

(d) The annual operating budget ordinance shall not become effective until the County Council shall have adopted revenue measures which together with the available surplus shall in the opinion of the County Executive be estimated to yield sums at least sufficient to balance the proposed expenditures. The Department of Finance shall not approve any expenditure under any portion of an annual operating budget ordinance until such balancing shall have been provided.

(e) The government of New Castle County in the enactment of the annual revenue ordinance or in the enactment of other revenue measures shall not impose ad valorem taxation on real property within any municipality to pay the cost of any local service function if such function is performed by the municipality for its residents and the cost thereof is paid out of municipal revenues. The provisions of this subsection shall not be applicable (1) in any instance where a municipality initiates the performance of or exercises responsibility for a local service function or a distance activity or portion thereof not previously exercised by the municipality as of the effective date of this act without the affirmative action in the form of an ordinance of the County Council of New Castle County, and (2) to the cost of operation by the County of park and recreational facilities which are not local in nature and which serve the metropolitan area.

(f) The government of New Castle County in the enactment of the annual revenue ordinance or in the enactment of other revenue measures shall uniformly impose ad valorem taxation on real property within the County and pay the cost of the General Operating Budget.

§ 1159. The capital program and capital budget

(a) The County Council shall approve a capital program and adopt a capital budget before it ordains the annual operating budget.

(b) The capital program shall detail all permanent physical improvements including the acquisition of real estate that

are planned to be financed in whole or in part from funds that are or may become subject to control or appropriation by the County Council during each of the ensuing six years. For each separate project there shall be shown the amount and the source of money that has been expended or encumbered, or is to be expended or encumbered before the next fiscal year, and also the amount and the sources of money planned to be expended during each of the ensuing six years.

(c) The County Council may not amend the capital program as submitted to it by the County Executive until it has received from the County Executive his recommendations with respect to the proposed amendment. The County Council shall not be bound by such recommendations and may act without them if they are not received within 15 days from the date they are requested.

(d) The capital budget ordinance shall show in detail the capital expenditures to be made or incurred in accordance with the capital program during the next year from funds subject to the control of appropriation of the County Council. The amounts budgeted shall constitute appropriations from the funds indicated when available.

(e) Amendments to the capital budget ordinance must conform to the pertinent portions of the capital program in its original or amended form.

(f) The County Council in the adoption of the Capital Budget Ordinance shall not include in the revenue estimates any estimated revenues to be derived from ad valorem taxation of real property within a municipality for any capital expenditure including debt service which is related to the performance by the County of a local service function which is performed by the municipality for its own residents and for which the cost is paid out of municipal revenues. The County Council in the adoption of the Capital Budget Ordinance shall not impose ad valorem taxation on real property within a municipality for the payment of the cost of any capital expenditure including debt service which is related to the performance by the County of a local service function which is performed by the municipality for its own residents and for which the cost

is paid out of municipal revenues. The provisions of this subsection shall not be applicable (1) in any instance where a municipality initiates the performance of or exercises responsibility for a local service function or a distinct activity or portion thereof not previously exercised by the municipality as of the effective date of this act without the affirmative action in the form of an ordinance of the County Council of New Castle County, and (2) to capital expenditures including debt service for the acquisition by the County of park and recreational facilities which are not local in nature and which serve the metropolitan area.

(g) The County Council in the adoption of a Capital Budget by ordinance shall uniformly impose ad valorem taxation on real property within the County for the payment of the cost of any capital expenditure including debt service which is not related to the performance by the County of a local service function which is performed by a municipality for its own residents and for which the cost is paid out of municipal revenue.

§ 1160. Unrestricted use of present revenues

(a) There shall be no restriction on the right of the government of New Castle County to use the proceeds derived from ad valorem taxation of real property within the County, including real property within municipalities, at the tax rate imposed by the Levy Court of New Castle County as of July 1, 1965, for any purpose including the payment of the cost of services included in the Local Service Function Budget.

(b) The provisions of Section 1131, Section 1134 (d), Section 1155 (d) and (e), Section 1158 (e) and (f), and Section 1159 (f) and (g) of this chapter shall be subject to the provisions of subsection (a).

§ 1161. Authentication, recording, codification, and reproduction of ordinances

(a) The Clerk of County Council shall authenticate by his signature and record in full in a properly indexed book kept for the purpose all ordinances and resolutions adopted by the County Council.

(b) Within three years after the commencement of the system of government provided herein, and at least every ten years thereafter, the County Council shall provide for the preparation of a general codification of all County ordinances having the force and effect of continuing law. The general codification shall be adopted by the County Council by ordinance and shall be published promptly in bound or loose-leaf form, together with pertinent provisions of the Delaware Code and any amendments thereto, pertinent provisions of the Constitution and other laws of the State of Delaware applicable to New Castle County, and such codes of technical regulations and other rules and regulations as the County Council may specify. This compilation shall be known and cited officially as the New Castle County Code. Copies of the County Code shall be furnished to County officers, departments and boards, placed in libraries and public offices for free public reference, and made available for purchase by other persons at a reasonable price fixed by the County Council.

(c) The County Council shall cause each ordinance having the force and effect of law and each amendment to State law affecting the County to be reproduced promptly following its adoption; and the reproduced ordinances, and the amendments to State law shall be distributed or sold to any person at reasonable prices to be fixed by the County Council, Subsequent to the publication of the first New Castle County Code, the ordinances and the amendments to State law shall be printed or reproduced in substantially the same style as the County Code currently in effect and shall be suitable in form for integration therein. The County Council shall make such further arrangements as it deems desirable with respect to reproduction and distribution of any current changes in or additions to the provisions of the Constitution and other laws of the State of Delaware or the codes of technical regulations included in the County Code.

§ 1162. Adoption of pay plans

(a) All persons employed by the County or by any of its boards, whether as officers or otherwise, and paid either in part or in whole from appropriations made by the County Council, except those whose compensation is fixed by State law, shall

be compensated only in accordance with pay plans adopted by the County Council.

(b) Not more than 15 days after receipt from the County Executive of any recommendation of measures for the establishment or amendment of pay plan or portions thereof for persons in the classified service, the President of County Council shall introduce an ordinance for the adoption of such recommendations. Not later than 60 days after the receipt of such recommendations, the County Council shall adopt them as submitted or in such amended form as the County Council shall provide. Should the County Council fail to act upon such recommendations within such 60 day period, its approval shall be presumed and the recommended pay plan or amendment thereto shall become effective as recommended.

(c) The pay of all persons not in the classified service and whose compensation is not fixed by State law shall be upon the basis of a pay plan recommended by the County Executive and adopted by ordinance.

§ 1163. Creation of debt

(a) The County Council shall exercise all powers heretofore vested in the Levy Court of New Castle County in connection with the creation of debt; provided, however, that the County Council shall not have authority to create or to authorize the creating of any long-term debt for the following purposes: (1) the payment of any operating expenses; (2) the payment of any judgment resulting from the failure of the County to pay any item of operating expense; (3) the payment for any equipment or any public improvement of a normal life of less than ten years. The foregoing limitations shall not apply should the County Council unanimously declare the existence of an emergency due to public calamity.

(b) The County Council may authorize the Director of Finance to issue bonds or certificates of indebtedness to finance assessable public improvements in the manner provided by law.

(c) The County Council, subject to such limitations as may be imposed by the Constitution or laws of the State of

Delaware, may borrow in any fiscal year in the anticipation of the collection of taxes or other revenue budgeted for such year, and for any purposes for which such taxes are levied, such sums as shall not be in excess of 50% of the amount of uncollected taxes of such fiscal year.

§ 1164. Councilmanic districts; boundaries

The Boundaries of the seven councilmanic district shall be as follows:

District 1

(Wilmington)

The boundaries of the first councilmanic district in the City of Wilmington shall comprise all of the First and Second General Assembly Senatorial Districts, as described in 54 Del. Laws, Ch. 361.

District 2

(Wilmington)

The boundaries of the second councilmanic district in the City of Wilmington shall comprise all of the Third and Fourth General Assembly Senatorial Districts, as described in 54 Del. Laws, Ch. 361.

District 3

The boundaries of the third councilmanic district shall comprise all of the Fifth and Sixth General Assembly Senatorial Districts, as described in 54 Del. Laws, Ch. 361.

District 4

The boundaries of the fourth councilmanic district shall comprise all of the Seventh and Eighth General Assembly Senatorial Districts, as described in 54 Del. Laws, Ch. 361.

District 5

The boundaries of the fifth councilmanic district shall comprise all of the Ninth and Tenth General Assembly Senatorial Districts as described in 54 Del. Laws, Ch. 361.

District 6

The boundaries of the sixth councilmanic district shall comprise all of the Eleventh and Twelfth General Assembly Senatorial Districts, as described in 54 Del. Laws, Ch. 361.

District 7

The boundaries of the seventh councilmanic district shall comprise all of New Castle County.

§ 1165. Redistricting after each census

(a) It shall be the mandatory duty of the County Council to redistrict New Castle County into seven councilmanic districts, including one district comprising all of New Castle County for the election of the President of the County Council, after each regular United States decennial census. To accomplish the redistricting the County Council shall, by January 1, 1974, or earlier if official census figures for census tracts are made available, and every tenth year thereafter, appoint seven qualified voters of the County who shall comprise a Redistricting Commission. The members of the Redistricting Commission shall be appointed one from each of the Councilmanic districts of the County and shall not be employed by the County in any other capacity. No more than four of the members shall be affiliated with the same political party. By April 1, 1974, and every tenth year thereafter, the Redistricting Commission shall file with the Clerk of County Council a report containing a recommended plan for adjusting the councilmanic district boundaries of districts I. through 6 to comply with the following specifications:

(1) Each district shall contain contiguous territory.

(2) Each district shall contain as nearly as possible the same number of inhabitants and no district shall deviate in population more than 15% from the average population for all districts, the average to be obtained by dividing the number 6 into the total population of the County according to the last census.

(b) The report of the Redistricting Commission shall include a map and a description of the councilmanic districts

recommended and shall be in the form of a proposed ordinance. Once filed with the Clerk of County Council the report shall be treated as an ordinance introduced by a member of the County Council.

(c) The procedure for the County Council's consideration of the report shall be the same as for other ordinances, provided that a map and a description of the proposed districts shall be published in addition to the other requirements for publication connected with enacting ordinances.

(d) The County Council shall adopt a redistricting ordinance at least 60 days after the report of the Redistricting Commission has been filed with the Clerk of County Council. If a redistricting ordinance has not been adopted by the County Council and approved by the County Executive within 60 days of filing the report by the Redistricting Commission, the redistricting plan as submitted by the Redistricting Commission shall become effective as if it had been adopted by County Council and approved by the County Executive.

(e) The term of any councilman, which does not otherwise terminate on the first Tuesday in January following the election of councilmen immediately following the adoption of a redistricting ordinance pursuant to this section, shall terminate on such date if the boundary of the district from which the councilman is elected shall have been affected by the ordinance.

§ 1166. Election of County Executive and County Councilmen

(a) The County Executive first elected in accordance with the provisions of this title shall be elected in the first general election in November after the enactment of this chapter and shall serve until the first Tuesday in January, 1969. Thereafter, County Executives shall serve a term of four years and shall be elected in even numbered and presidential election years.

(b) In order to stagger the term of the County Councilmen, the Councilmanic Districts are divided into two categories. One category shall consist of Councilmanic Districts 1, 3, 5 and

7, and the second category shall consist of Councilmanic Districts 2, 4 and 6.

(c) The first Councilmen elected after the enactment of this chapter in Councilmanic Districts 1, 3, 5 and 7 shall be elected in the first general election held in November and shall serve until the first Tuesday in January, 1969. Councilmen subsequently elected to those first elected to Districts 1, 3, 5 and 7 shall serve a term of four years and shall be elected in even numbered and presidential election years.

(d) The first Councilmen elected after the enactment of this chapter in Councilmanic Districts 2, 4 and 6 shall serve until the first Tuesday in January, 1971. Councilmen subsequently elected in Districts 2, 4 and 6 shall serve a term of four years and shall be elected in even numbered and non-presidential election years.

(e) All citizens qualified by the Constitution and laws of the State of Delaware to vote in the County and who satisfy the requirements for registration prescribed by law shall be qualified to vote for members of the County Council and for the County Executive.

(f) Except as otherwise provided by this chapter, the provisions of the election laws of the State of Delaware shall apply to elections held under this chapter. All elections provided for by this chapter shall be conducted by the election authorities authorized to hold elections under the election laws of the State of Delaware.

(g) The nomination of persons to be candidates in the general elections for County Executive and County Councilmen shall be governed by the election laws of the State of Delaware.

§ 1167. Creation of departments and agencies

The County Council, by ordinance, may establish departments, offices or agencies of the County in addition to those created by this title and may prescribe the functions of all departments, offices and agencies, except that no function prescribed by this title to a particular department, office or agency may be discontinued or, unless this title specifically so provides, assigned to any other.

SUBCHAPTER V. GENERAL PROVISIONS

§ 1181. Bonding of officers and employees

(a) Prior to the entry of any officers of the County upon the duties of their offices, the Department of Finance shall procure at the expense of the County, corporate surety bonds, conditioned for the faithful performance of their respective duties in such penal sums as shall be fixed by the County Council but the amount shall not in any case be less than $15,000.

(b) Within six months of the organization of the Department of Finance, the Director of Finance shall recommend through the County Executive to the County Council the amounts in which fidelity bonds shall be procured for the faithful performance of duties of all officers and employees of the County government, either generally or by categories. In the performance of this responsibility, the Department of Finance may recommend blanket bonds covering individual fidelity or may recommend comprehensive coverage for all or for groups of employees on an occurrence basis.

§ 1182. Personal financial interest

Any County officer or employee who has a substantial financial interest, direct or indirect or by reason of ownership of stock in any corporation, in any contract with the County or in the sale of any land, material, supplies or services to the County or to a contractor supplying the County, shall make known that interest and shall refrain from voting upon or otherwise participating in the making of such a contract or sale. Any County officer or employee who wilfully conceals such a substantial financial interest or wilfully violates the requirements of this section shall be guilty of malfeasance in office or position and shall forfeit his office or position. Violation of this section with the knowledge express or implied of the person or corporation contracting with or making a sale to the County shall render the contract voidable by the County Executive or the County Council.

§ 1183. Prohibitions and penalties

(a) The following prohibitions shall be applicable:

(1) No person shall be appointed to or removed from or in any way favored or discriminated against with respect to, any County position or appointive County administrative office because of race or color or national origin or political or religious opinions or affiliations.

(2) No person shall wilfully or corruptly make any false statement, certificate, mark, rating or report in regard to any test, certification or appointment under the personnel provisions of this title or in any manner commit or attempt to commit any fraud preventing the impartial execution of the personnel provisions or of the rules and regulations made thereunder.

(3) No person who seeks appointment or promotion with respect to any County position or appointive County Administrative office shall directly or indirectly give, render or pay any money, service or other valuable thing to any person for or in connection with his test, appointment, proposed appointment, promotion or proposed promotion.

(b) Any person who by himself or with others wilfully or corruptly violates any of the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than $500 or by imprisonment for not more than one year or both. Any person convicted under this section shall be ineligible, for a period of five years thereafter, to hold any County office or position and, if he is an officer or employee of the County, he shall immediately forfeit his office or position. The Superior Court shall have exclusive original jurisdiction over offenses under this section.

§ 1184. Public right of inspection of public records

County records, the disclosure of which would invade a person's right of privacy, hinder law enforcement, endanger the public safety, or breach a legally recognized duty of confidence, or the non-disclosure of which is legally privileged, or which have been prepared for or by the County Attorney for use in actions or proceedings to which the County is or may be a party, shall not be available for public inspection. Except as herein provided, all other County records shall be open for public inspection but the officer, department, board or commission or other governmental agency of the County having the care and custody of such records may make reasonable regulations governing the time, place and manner of their inspection and for purposes of archival preservation, copies of County Records may be substituted in lieu of original records.

Section 2. Part II, Title 9, Delaware Code, is amended by inserting therein a new Chapter 13 to read as follows:

CHAPTER 13. COUNTY DEPARTMENTS

SUBCHAPTER I.

DEPARTMENT OF FINANCE

§ 1301. Functions

The Department of Finance, headed by a Director of Finance who shall be qualified for the position by education, training and experience, shall perform the following functions:

(1) The Department shall assess all property subject to taxation by the County and maintain appropriate records.

(2) The Department shall prepare tax rolls and bills, including those required by any municipality or school district or special district lying within or partially within the Country if so authorized by law or such districts.

(3) The Department shall collect all taxes, license and permit fees, and other moneys which may be due to or receivable by the County, or any of its offices, departments, or boards; provided that the Director of Finance may, by rule, authorize the receipt of moneys directly by offices, departments, or boards, or may assign employees of departments to make such collections.

(4) The Department shall collect when directed by or authorized by law, all taxes, license and permit fees, and other moneys which may be receivable by the State, or by any public office, department, or board not subject to the provisions of this title.

(5) The Department shall institute proceedings for the sale of taxable property upon which taxes are not paid within the period prescribed by law.

(6) The Department shall prepare the necessary assessment rolls for assessable public improvements, issue appropriate bills, assist in the issuance and servicing of indebtedness in connection with such assessable improvements, and be responsible for the collection, custody, and payment of all moneys in connection therewith.

(7) The Department shall issue receipts for moneys collected by the Department.

(8) The Department shall maintain the treasury of the County, and deposit the moneys belonging thereto or in the custody thereof in any depository bank, to the credit of the County.

(9) The Department shall designate, with the approval of the County Council, the bank or banks to be used as County depositories and require them to fulfill all conditions prescribed by law or ordinance.

(0) The Department shall invest idle funds deemed by the Director of Finance available for temporary investment in obligations of the United States or such other obligations or such other manner as the County Executive may authorize.

(1) The Department shall administer the pension and retirement systems of the County, after having taken into account the advice of the Advisory Retirement Board.

(2) The Department shall assist in the issuance of all general and special bonds or other evidence of indebtedness of the County and service such debt in accordance with law and terms of indentures relating thereto.

(13) The Departments shall make disbursements and payments of claims which it finds to be in correct amount and justly due and in accordance with prior authorizations adopted under the terms of this title or other State law.

(14) The Department shall prepare payrolls and supervise the preparation of related documents.

(15) The Department shall prepare and issue all checks.

(16) The Department shall keep accurate and complete accounts of all receipts and disbursements.

(17) The Department shall maintain a perpetual inventory of all equipment owned or controlled by the County.

(18) The Department shall provide information pertaining to the financial affairs of the County.

(19) The Department shall contract for services to be rendered by independent contractors, and purchase all materials, supplies, and equipment, except that the Director of Finance, with the approval of the County Executive, may designate other offices, departments or boards to perform such portions of these functions as the Director of Finance may from time to time deem proper. The Department of Finance shall receive and publicly open all bids, tabulate them, and determine the lowest and best responsible bidder.

(20) The Department, from time to time, shall secure from all offices, departments, and boards, estimates of their needs for articles of common use and shall, when practicable, consolidate requisitions in order to secure the benefits of quantity purchases, and to that end, when authorized by the County Council, shall cooperate with other public agencies when making such purchases.

(21) The Department shall acquire real or immovable property upon the recommendation of the office, department, or board to which appropriation has been made for such acquisition, and dispose of such property upon the recommendation of the office, department, or board when authorized by ordinance.

(22) The Department shall maintain and supervise warehouses and storehouses for equipment, materials, and supplies.

(23) The Department shall dispose of personal or movable property not needed by the County.

(24) The Department shall award all concessions on County property, subject to requirements which may be imposed by ordinance.

(25) The Department shall administer County insurance programs.

(26) The Department shall perform such other functions as may be required of the Director of Finance by this title or other State law or which may be assigned in writing by the County Executive.

§ 1302. Sworn information

The Director of Finance may require from any officer or employee of the County, or any claimant, such sworn information as may be necessary for the proper performance of the functions of the Department.

§ 1303. Advisory Retirement Board

The Advisory Retirement Board shall consist of seven members who shall serve without compensation. The County Council shall appoint three members for terms of five years, provided that the terms of the original members shall be established in a manner that one shall serve for a term of one year, one for a term of three years, and one for a term of five years. The members of the County Employees Pension Plan shall elect two members for terms of five years, provided that the terms of the original members shall be established in a manner that one shall serve for a term of two years, and one for a term of four years. The Director of Personnel shall be a member. The County Executive shall appoint one member who shall be chairman and who shall serve at the pleasure of the County Executive.

§ 1304. Functions of Advisory Retirement Board

The Advisory Retirement Board shall perform the following functions:

(1) The Board shall review each application for benefits under the retirement system and render an opinion thereon to the Director of Finance as to whether the applicant is qualified for the benefits sought in the application.

(2) The Board, from time to time, shall make such recommendations to the County Council regarding the administration of provisions of the retirement system as the Board shall deem appropriate.

§ 1305. Actuarial Consultant

The Director of Finance shall designate an Actuarial Consultant who shall, at least once every five years, make an actuarial investigation into the experience and the assets and liabilities of the retirement system. The consultant's actuarial report shall be submitted to the Advisory Retirement Board, which shall transmit the report to the County Council and County Executive with the Board's comments and recommendations.

§ 1306. Proposed changes in retirement system

Every proposed change in the provisions of the retirement system which is under consideration by the County Council or by the General Assembly shall be referred by the Director of Finance to the Actuarial Consultant for an evaluation of the proposal's actuarial effect upon the assets and liabilities of the retirement system. The Consultant's actuarial report shall be submitted to the Advisory Retirement Board, which shall transmit the report to the County Council and County Executive with the Board's comments and recommendations.

§ 1307. Board of Assessment Review

The Board of Assessment Review shall consist of seven members. The County Council shall appoint six members from councilmanic districts 1 through 6 who shall be residents and

freeholders of the districts from which appointed and who shall serve for terms of six years, provided that the terms of the original members shall be established in a manner that one shall expire each year. The County Executive, with the advice and consent of the County Council, shall appoint one member who shall be chairman and who shall serve at the pleasure of the County Executive. No member shall forfeit his office by virtue of lack of continued residence in the district from which appointed if the potential disqualification shall arise solely from a change in the boundaries of a councilmanic district. The members shall be entitled to such per diem compensation for days that the Board is in session as the County Council shall determine, provided that compensation shall not be paid for more than 20 days in any fiscal year.

§ 1308. Functions of Board of Assessment Review

The Board shall perform the following functions:

(1) The Board shall hear appeals from any property owner who alleges that his property has been improperly assessed for purposes of taxation.

(2) The Board, following the hearing of any property owner and, in the light of the facts produced at such hearing, shall determine whether the assessment is correct. If the Board should find that the assessment is greater than it should be, the Board shall order the Director of Finance to reduce the assessment and he shall thereupon reduce the assessment to the adjusted amount established by the Board.

(3) The Board shall review the methods by which the Director of Finance has established the assessments and the results thereof as reflected by the assessment roll. If the Board should find that the procedures used by the Director of Finance require improvement in order to make more equitable and effective the assessment procedure, the Board shall make such recommendations as it deems proper to the Director of Finance and file a copy thereof with the Clerk of the County Council.

§ 1309. Judicial review

Nothing herein shall be construed as limiting the right of a property owner to appeal to the courts in connection with the assessment of his property for taxation as provided by law.

§ 1310. General provisions relating to assessment, levy, billing, and collection of taxes

It is the intent of this subchapter that in New Castle County, the Department shall henceforth perform all of the functions heretofore assigned to the Board of Assessment and the Received of Taxes and County Treasurer under the Delaware law, except for the functions herein specifically assigned to the Board of Assessment Review, except that the Receiver of Taxes and County Treasurer shall continue to hold office and perform, under the direction and control of the Department, the functions assigned to him by law prior to the enactment of this statute until the expiration of the term of the person presently holding such office.

§ 1311. Assessment of property

(a) In the performance of the functions relating to the assessment of property, the Department shall exercise the assessment functions heretofore assigned to the Board of Assessment. To this end, not later than February 15 of each year, the Department shall prepare and present to the Board of Assessment Review a copy of the assessment roll for the year. The Department shall determine the form of the assessment roll and shall not be bound by provisions of law heretofore in effect as to form. During the month of March, the Board of Assessment Review shall sit for not less than 15 days during which it shall review the assessment roll, hear appeals from property owners who believe that their property is improperly assessed, and make determinations of corrections or additions to the assessment roll that may be necessary.

(b) Not later than April of each year, the Board of Assessment Review shall certify to the Department a true and correct assessment roll for the year. Not later than May of each year, the Director of Finance shall certify to the County

Council the total value of all property in the County and the total value of all property which has been assessed and is subject to taxation.

(c) The Department shall determine by rule, the form, number of copies, and other details concerning the keeping of records relating to assessment of real property and improvements thereupon. The Department shall develop a suitable system for the identification of all real property within the County, both that which is subject to taxation and that which is exempt from taxation. Such system shall be in a form which readily permits the subdivision of property or the reassembly of property without loss of control thereof for purposes of assessment.

§ 1312. Obligations and rights of property owners

The adoption of this subchapter shall in no manner relieve any property owner of any obligation heretofore imposed upon him with respect to the rendition or assessment of any property of the payment of any tax nor shall it in any manner increase the responsibility of such property owner nor deny him of any right heretofore possessed except to the extent specifically provided in this subchapter.

§ 1313. Collection of taxes

The Department shall be responsible for the collection of all taxes, whether current or delinquent, and to that end shall perform all of the responsibilities with respect to collection and enforcement of collection heretofore vested in the Receiver of Taxes and County Treasurer. To this end, the Department shall be entitled to the use of and shall be responsible for the application of all processes of law heretofore available to the Receiver of Taxes and County Treasurer, provided that the Department shall not be required to make any routine reports to the County Council concerning the collection of taxes other than a monthly statement in appropriate summary form and the annual report.

§ 1314. Records of tax delinquencies

The Department shall maintain a suitable record of the payment or non-payment of taxes with respect to each parcel of real property in the County. Not later than 60 days after the close of each fiscal year, the Department shall prepare a summary of the outstanding taxes which have been levied and not collected for each of the preceding ten years or for such longer period as the County Council shall prescribe. Such summary shall be fully supported by detailed records of delinquent taxes.

§ 1315. Audit of accounts

It shall be the responsibility of the County Auditor annually to perform an appropriate audit of the accounts of the Department to determine whether they properly reflect all payments and delinquencies of taxes which shall have been levied.

§ 1316. Collection of taxes other than those upon real estate

The Department shall perform all responsibilities heretofore assigned to any office, department or board of New Castle County in the assessment and collection and enforcement of collection of capitation taxes and any other taxes heretofore or hereafter levied in New Castle County.

SUBCHAPTER II. COUNTY AUDITOR

§ 1321. Selection, qualifications, term, compensation, and removal of the County Auditor

(a) The County Auditor shall be appointed by the County Council and shall serve at the pleasure of the County Council.

(b) The County Auditor shall be a qualified accountant, either as a certified public accountant or as a graduate of a college or university in which he has majored in accounting or the equivalent training.

(c) The annual salary of the County Auditor shall be determined by the County Council.

§ 1322. Qualifications of assistants of County Auditor

All assistants of the County Auditor who shall perform any auditing duties shall be qualified accountants either as

certified public accountants or as graduates of a college or university in which they have majored in accounting or the equivalent training.

§ 1323. Certification of County Auditor

The County Auditor shall examine the annual financial report of the Director of Finance and append thereto his certificate which shall state his opinion as to whether the financial statements in the financial report contain a proper record of the County's financial transactions for the year and whether they properly reflect the current assets and liabilities and the funded debt of the County as of the close of the fiscal year. Should the County Auditor have any qualifications or exceptions to any portion of the annual financial report of the Director of Finance, he shall state these in explicit manner in such certification.

§ 1324. Audits and examinations by County Auditor

The County Auditor shall annually examine the accounts, books and records of all offices, departments, and boards that reflect transactions involving financial activities and affairs of the County. Such audits may be either complete or in such lesser degree as the County Auditor shall find acceptable to enable him to express opinions concerning whether such transactions have been carried out in accordance with the appropriation ordinances, rules and regulations of the County government, and laws governing such transactions. The examination of such accounts shall be completed and a report thereupon shall be completed not later than the end of the ninth month next following the completion of the fiscal year in which such transactions shall have occurred.

§ 1325. Reports of the County Auditor

(a) Copies of the reports concerning each audit or examination shall immediately upon preparation thereof be filed with the County Executive, the Chief Administrative Officer, the Director of Finance, and the Clerk of the County Council.

(b) If the County Auditor shall at any time discover any unauthorized, illegal, irregular or unsound practice, he shall

forthwith lay such facts before the County Executive and the County Council.

(c) The County Auditor shall from time to time make such recommendations as he shall deem appropriate to any office, department, or board for improvement in the management of the financial affairs of the County. Copies of such recommendations shall be filed with the County Executive and the County Council.

§ 1326. Assistance to County Council

The County Auditor shall provide such assistance to the County Council as the County Council may require of him in any matter before it, including but not limited to any measure relating to the appropriation of funds by the County Council.

§ 1327. Special examinations or audits

When directed by the County Executive or the County Council, the County Auditor shall make special examinations of any financial transaction or matter and report promptly thereupon to the County Executive and the County Council.

§ 1328. Accessibility of County Auditor to records

In performing his duties, the County Auditor shall have access at any time to any and all books, records and accounts of each office, department, or board of the County subject to audit by him.

§ 1329. Annual external audit

At the close of each fiscal year the County Council shall cause a person or persons, certified by the laws of the State to practice accounting and not an employee of the County, to make a post-audit of the financial affairs of the offices, agencies, departments and boards of the County and of the procedures and practices of the County Auditor.

SUBCHAPTER III. DEPARTMENT OF PLANNING

§ 1341. Functions

The Department of Planning, headed by a Director of Planning, shall perform the following functions:

(1) The Department shall prepare and recommend to the Planning Board a comprehensive development plan for the County for the purpose of promoting health, safety, prosperity, and general welfare. For those portions of the County which do not lie within the corporate limits of a municipality, the plan shall be definitive; for the remainder it shall reflect such portions of municipality planning as may be appropriate for inclusion in the County comprehensive development plan. Upon adoption of the comprehensive development plan, the Department shall be responsible for maintaining it on a current basis. To this end, it shall from time to time make recommendations to the Planning Board for modification in the plan. Such comprehensive development plan shall show, as to present and as to proposed ultimate development, the following: land use, general location, extent, and character of streets, bridges, waterways, and other public ways; parks and open spaces; public buildings; public utilities and terminals, whether publicly or privately owned; public housing, slum clearance and rehabilitation areas; and any other physical facility, with due regard to the aesthetic characteristics of all public structures. The comprehensive development plan may, when requested by incorporated municipalities, set forth within such municipalities any or all of the elements mentioned in the preceding paragraph.

(2) The Department shall prepare and, through the County Executive, recommend to the County Council a proposed ordinance governing the subdivision of land and land development including the platting and replatting, which ordinance shall provide for the proper arrangement of streets and public utilities; open spaces for light, air, and recreational areas ; space for schools and commercial development, vehicular and pedestrian circulation; space for vehicular parking; sizes and shapes of lots in order to avoid congestion of population and to

provide for the amenities of human habitation; and the manner and extent to which streets shall be paved, drainage provided, and public utilities installed in such subdivision.

(3) The Department shall develop and maintain the official map of those portions of the County which do not lie within the limits of incorporated municipalities. The official map and amendments thereto shall show all existing and established streets, planned streets, recommended street lines located on the final or recorded plats of subdivision, and the location of existing or planned parks and other spaces. Street locations on final or recorded plats of subdivisions shall constitute amendments to the official map and shall be placed thereon.

(4) The Department shall maintain and keep current the Zoning Code heretofore adopted for the County for the portions of the County which do not lie within the limits of incorporated municipalities. To this end, it shall make recommendations through the County Executive to the County Council for such revisions in the Zoning Code as it shall deem appropriate and necessary for the purpose of promoting the public health, safety, morals and general welfare of the County, which Code may contain regulations with respect to the location, height, bulk and size of buildings and other structures; the size of yards, courts, and other open spaces, the density of population, and the use of buildings, structures, and land for trade, industry, business, residence or other purposes.

(5) The Department shall prepare and recommend through the County Executive to the County Council such measures as it shall deem appropriate for the clearance of slum areas, public housing developments, and the rehabilitation or redevelopment of blighted areas.

(6) The Department shall assist the Chief Administrative Officer in the preparation of the capital improvement program for the six-year period provided for in this title.

(7) The Department shall prepare and recommend, through the County Executive to the County Council, measures for the replanning, improvement and reconstruction of neighborhoods and community centers and of areas or districts

which may be wholly or partially destroyed or seriously damaged by fire, earthquake, flood, or other disaster.

§ 1342. Planning Board

The Planning Board shall consist of seven members who shall serve without compensation. The County Executive, with the advice and consent of the County Council, shall appoint six members who shall serve for terms of six years provided that the terms of the original members shall be established in a manner that one shall expire each year. The County Executive, with the advice and consent of the County Council, shall appoint one member who shall be chairman and who shall serve at the pleasure of the County Executive. No member shall forfeit his office by lack of continued residence in the district from which appointed if the potential disqualification shall arise solely from a change in the boundaries of a councilmanic district.

§ 1343. Functions of Planning Board

The Planning Board shall perform the following functions:

(1) The Board shall consult with the Director concerning the performance of such of the functions of the Department as either the Board or the Director shall deem appropriate. To this end, the Director shall keep the Board informed concerning the work of the Department and shall, at the request of the Board, furnish it such information as it may reasonably require in the performance of this function.

(2) The Board shall review the proposed comprehensive development plan, the proposed capital programs, proposed zoning plan changes, proposed subdivision regulations, and all amendments thereto. Upon completion of its consideration of any of these, the Board shall recommend to the County Council such action as the Board shall deem appropriate.

§ 1344. Adoption and effectuation of comprehensive plan

the plan shall be reviewed by the County Executive and presented by him to the County Council. The County Council shall hold public hearings on the proposed plan or portions thereof in the same manner and under the same procedure required for the consideration and adoption of ordinances. The County Council may adopt all or any portions of the comprehensive development plan.

(b) After adoption of all or portions of the comprehensive development plan by the County Council, the plan shall be viewed as a document expressing the general policies and intentions of the County Council with respect to the future development of the County. It shall not have the force and effect of a law or ordinance. After adoption of all or parts of the plan by the County Council any proposed action of the County Council relating to (1) the location, opening, vacation, extension, widening, narrowing, or enlargement of any public ground, pierhead or watercourse, or street; (2) the location, erection, demolition, removal or sale of any public structure; or (3) the adoption, repeal, or amendment of an official map, subdivision and land development ordinance, or zoning ordinance shall be taken in compliance with the following requirements: (i) the proposed actions shall be submitted to the Department for recommendations, provided that the County Council may act without benefit of the Department's recommendations if they are not submitted within 45 days, and (ii) the County Council shall find that the proposed actions are in accordance with the spirit and intent of the formally adopted portions of the comprehensive development plan before final action shall be taken by the County Council. When the County Council finds that a proposed action is not in accordance with the spirit and intent of the formally adopted portions of the comprehensive development plan it shall amend the plan to make the action taken and the comprehensive development plan consistent with each other.

§ 1345. Legal effect of subdivision regulations

All proposed subdivisions of land to be made after the adoption of regulations governing subdivision of land shall be submitted to the Department for approval for conformity to the subdivision regulations and no such proposed subdivision

shall be made or recorded unless approved by the Department. Approval of a plat of a subdivision shall constitute an acceptance on behalf of the County of any street or open space for public use shown on the plat but shall not constitute a taking of the property for public use. Acceptance of the street or open space for public use shall not within itself define the responsibilities of the State or of the County in the paving, maintenance, cleaning, or lighting of such street or open space.

§ 1346. Planned street lines and public parks; official map.

(a) Upon the recommendation of the Department, the County Council, by ordinance, may adopt an official map containing:

(1) The exact location of the planned lines of street widenings and extensions, or of future streets.

(2) The lines of all public streets then existing which have been established by law.

(3) All planned streets or street lines previously adopted under this section.

(4) All streets or street lines as located on the final or recorded plats of subdivisions as previously approved by the Department.

(5) All existing or planned public parks and other public open spaces.

(b) After adoption of the official map or street plan no amendments, thereto showing the location of a planned or mapped street shall be adopted before public notice shall have been given to the owners of record of the land upon which or abutting which lies the future street lines designated upon 'the plan.

(c) Any map or plan heretofore adopted under the provisions of Chapter 25, Title 9, shall remain in effect until the County Council acts under the provisions of subsection (a).

§ 1347. Legal effect of official map or street plan

(a) Upon adoption of any plan showing the location of a planned or mapped street, the owners of the property within the lines of such planned or mapped street shall, for the period specified in the ordinance, but not exceeding the limits otherwise established by statute, be prohibited from erecting any structure within such lines. The owner of any property so affected shall be entitled to appeal to the Board of Adjustment under the same procedure described for appeals in zoning cases.

(b) After the adoption of the official map showing the lines of planned or mapped streets, no change in any street shall be made by the County Council until such proposed change shall have been submitted to the Department for its opinion as to conformity to the official map. Pending the adoption of the official map, the County Council shall not vacate, narrow, or extend any existing street without having secured the opinion of the Department as to the propriety of such proposed action.

(c) The adoption of any street or street lines as part of the official map shall not, in and of itself, constitute and be deemed to constitute the opening or establishment of the street and acceptance of any land for street purposes, and shall not constitute the taking of any land.

§ 1348. Presumption of approval

In the case of any matter required to be submitted to the Department or to the Planning Board, approval shall be presumed by the Department or Planning Board unless the Department or Planning Board shall have acted within 45 days of receipt thereof unless a longer time shall have been allowed by the County Council.

§ 1349. Legal effects of previously established road locations and road lines

(a) All locations and lines of roads and other actions of the County related to subdivision of land and opening of roads legally established in New Castle prior to the effective date of this Chapter and legally established prior to the adoption of an ordinance establishing an official map in accordance with Sections 1154, 1345 and 1346, shall remain in full force and effect until changed in accordance with the provisions of Chapters 11 and 13. Any County maps or records showing the locations and lines of roads and dealing with other matters related to the subdivision of land and legally established prior to the effective date of this Chapter shall continue in force and effect until changed in accordance with the provisions of Chapters 11 and 13. Pending the enactment of an ordinance establishing the location and lines of roads in accordance with the provisions of Chapters 11 and 13, changes in locations and lines of roads legally established, and in the locations and lines of new roads shall be recorded only after approval by the County Council and shall be presented to the Department for review before such changes or new locations and lines are adopted by the County Council. Such changes or new locations and lines shall also be presented to the State Highway Department for approval before being adopted by the County Council, provided that the approval of the State Highway Department shall be presumed should the County Council have received no communication to the contrary within 30 days of submission of the changes or new locations and lines to the State Highway Department. The approval of a plan or proposal by the County Council making changes in locations and lines of existing roads or creating new roads shall, when recorded, be deemed and taken as an acceptance of the intended locations and lines of roads but shall not impose any duty upon the County Council or upon the State Highway Department respecting the maintenance or improvement thereof. No plat of land changing locations and lines of roads legally established or creating locations and lines of new roads shall be received or recorded by the Recorder of Deeds of New Castle County until the plat shall have been submitted to and approved by the Department and the County Council and such approvals are endorsed in writing on the plat by the Director of Planning and the President of County Council. The filing or recording of a plat without the approval of the Director of Planning and the County Council shall, upon application of the Director of Planning or the County Council to the Superior Court in and for New Castle County, be expunged from the records.

(b) The County Council may prescribe a schedule of fees based on the case to the County for considering proposed plats to be paid by those submitting the plats. The County Council may prescribe reasonable rules and regulations governing the size and character of plats to be submitted for consideration and the information to appear on the plats and the markers, boundary stones or stations to be installed.

(c) Pending the enactment of an ordinance establishing an official map or regulating the development or subdivision of land as provided by this chapter, the Department shall approve or disapprove a plat within 40 days after the submission thereof; otherwise, such plat shall be deemed to have been approved and a certificate to that effect shall be issued by the Department on demand. Such period may be extended by mutual agreement between the Department and the applicant for the Department's approval. The grounds of disapproval of any plat shall be stated upon the records of the Department and a copy of such statement shall be furnished to the applicant. No plat shall be acted upon by the Department without affording a hearing thereon. Notice of the time and place of hearing shall be sent by registered mail to such applicant not less than five days before the date fixed therefor. In his application the applicant may waive the requirement of such hearing and notice.

§ 1350. Board of Adjustment

The Board of Adjustment shall consist of five members who shall be residents of New Castle County outside of any incorporated city or town who shall have knowledge of and experience in the problems of urban and rural development, and who, at the time of appointment, shall not be a candidate or candidate-elect for, or incumbent of, an elective public office. The County Executive, with the advice and consent of the County Council, shall appoint four members for terms of four years provided that the terms of the original members shall be established in a manner than one shall expire each year. The County Executive, with the advice and consent of the County Council, shall appoint one member who shall be chairman and who shall serve at the pleasure of the County Executive. The members shall be entitled to compensation of $50 per meeting.

§ 1351. Regulations governing organization, procedure and jurisdiction of the Board of Adjustment

The Board of Adjustment shall adopt regulations to govern the organization, procedure and jurisdiction of the Board. The regulations shall not be inconsistent with the provisions of this title and shall not become effective unless and until approved by the County Executive.

§ 1352. Jurisdiction of Board of Adjustment

(a) The Board of Adjustment shall be empowered to:

(1) hear and decide appeals in zoning matters where error is alleged in any order, requirement, decision or determination made by an administrative officer or agency in the enforcement of any zoning ordinance, code, regulation or map;

(2) hear and decide applications for special exceptions or special permits or other special questions in accordance with the provisions of any zoning ordinance, code or regulation, or applications for interpretation of any zoning ordinance, code, regulation or map upon which the Board of Adjustment is empowered to pass;

(3) hear and decide in specific cases such variance from the provisions of any zoning ordinance, code or regulation that will not be contrary to the public interest, where, owing to special conditions or exceptional situation, a literal interpretation of the provisions of any zoning ordinance, code or regulation will result in unnecessary hardship or exceptional practical difficulties to the owner of property so that the spirit of the ordinance, code or regulation shall be observed and substantial justice done, provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of any zoning ordinance, code, regulation or map.

(b) In the exercise of its powers, the Board of Adjustment may reverse or affirm, wholly or partly, or modify the order requirement, decision or determination appealed from, and make such order, requirement, decision or determination as ought to be made, and, to that end, it shall have all powers of the officer or agency from whom the appeal was taken.

§ 1353. Judicial review of Board of Adjustment decisions; procedure

(a) Any persons jointly or severally aggrieved by any decision of the Board of Adjustment or any taxpayer or any officer, department, board or bureau of the County may present to the Superior Court, a petition duly verified, setting forth that such decision is illegal in whole or in part, and specifying the grounds of illegality. The petition shall be presented within 30 days after the filing of the decision in the office of the Board.

(b) Upon the presentation of the petition, the Court may allow a writ of certiorari directed to the Board of Adjustment, to review the decision of the Board, and shall prescribe therein the time within which return must be made and served upon the petitioner's attorney, which shall not be less than 10 days and may be extended by the Court.

(c) The allowance of the writ shall not stay proceedings upon the decision reviewed, but the Court may, on application, on notice to the Board of Adjustment and on due cause shown, grant a restraining order.

(d) The Board of Adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof, or of such portions thereof as may be called for by the writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision reviewed and shall be verified.

(e) If, upon the hearing, it shall appear to the Court that testimony is necessary for the proper disposition of the matter, it may take evidence, or appoint a referee to take such

evidence as it may direct and report the same to the Court together with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the Court shall be made.

(f) The Court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.

(g) Costs shall not be allowed against the Board of Adjustment unless it shall appear to the Court that the Board acted with gross negligence or in bad faith or with malice in making the decision reviewed.

SUBCHAPTER IV. DEPARTMENT OF DEVELOPMENT

AND LICENSING

§ 1361. Functions

The Department of Development and Licensing, headed by a Director of Development and Licensing, shall perform the following functions:

(1) The Department, except as otherwise specifically provided in this title, shall administer and enforce all statutes, ordinances, and regulations for the protection of persons and property from hazards, in the use, occupancy, condition, erection, alteration, maintenance, repair, sanitation (including the maintenance and condition of plumbing and drainage facilities and the maintenance of sanitary conditions in housing accommodations), removal and demolition of buildings and structures or any parts thereof and the grounds appurtenant thereto, in the operation of equipment therein, and of outdoor signs. The Department shall enforce compliance with the. Zoning Code and regulations thereunder, subject to determinations made by the Board of Adjustment on appeals taken to it.

(2) The Department shall (a) issue all forms for' applications and receive all applications for any license; (b) determine whether the applicant is properly entitled to the license which he seeks; (c) if the application is granted and the proper fee has been paid to the Department of Finance, issue the license to the applicant, either for itself or as agent for the officer, department, or board under whose jurisdiction the subject matter thereof falls; (d) if the application is refused, notify the applicant in writing of the refusal and the reasons therefor. The requirements and standards to be met by applicants for licenses shall include those established by law. They shall also include those established by the Department in cases in which the Department is responsible for the functions involved, or if some other office, department or board be responsible for the function, the requirements and standards shall be certified to the Department by the officers, departments and boards for which the Department is acting.

(3) The Department shall make all inspections except as otherwise specifically provided in this title.

(4) The Department shall determine as the result of its inspection whether any person or the owner of any property is violating the conditions of any license, or whether or not any property owner is violating any statute, ordinance or regulation which it is the duty of the Department to enforce. If the Department shall find a violation to exist, it shall forthwith make such order or take such other lawful action as may be necessary to correct the dangerous or unlawful condition, and if necessary it shall invoke the assistance of the County Attorney or the Department of Police, or both.

(5) The Department, whenever it finds that a holder of any license is violating the conditions thereof, and whenever the officer, department, or board as whose agent the Department granted the license directs the Department to do so, shall revoke, suspend or cancel the license. Any revocation, suspension or cancellation shall be in writing and shall state in detail the reasons therefor.

(6) The Department, on request of any officer, department or board, shall make a special inspection of any property upon which unlawful conditions are believed to exist or of the manner in which the holder of any license is operating under it. The Department shall receive and consider complaints from citizens.

(7) The Department, in cooperation with the Department of Planning, shall undertake studies of housing accommodations, devise and recommend means of improving housing conditions, and undertake programs for housing betterment.

(8) The Department shall undertake and execute, or supervise the execution of, all programs of redevelopment, low rent housing, and urban renewal.

(9) The Department, in cooperation with the Department of Planning, shall undertake studies of the pattern and of the potential for economic development within the County, recommend to the County Executive programs designed to improve basic conditions conducive to better economic development of the County.

§ 1362. Definitions

In this subchapter:

(1) "License" shall mean any license or permit required by statute, ordinance or regulation to be obtained from any County officer, department, or board as a prerequisite to engaging in any activity or having possession of or using any property but shall not include the right of admission to any facility in any park under the jurisdiction of the Department of Parks and Recreation.

(2) "Inspection" shall mean any inspection, test or examination to which any person is subject as an applicant for or a holder of a license or to which any property is subject under any statute, ordinance or regulation which it is the duty of the County Executive or of any other officer, department or board to enforce.

§ 1363. Board of License Inspection and Review

The County Council, by ordinance, may provide for the establishment of a Board of License Inspection and Review of five members to be appointed by the County Executive, four members for terms of four years provided that the terms of the original members shall be established in a manner that one shall expire each year, and one member to be chairman and to serve at the pleasure of the County Executive. The ordinance shall provide that the Board may be authorized to provide an appeal procedure whereby any person aggrieved by the issuance, transfer, renewal, refusal, suspension, revocation or cancellation of any County license, or by any notice, order or other action as a result of any County inspection affecting him directly shall, upon request, be furnished with a written statement of the reasons for the action taken and afforded a hearing thereon by the Board. The ordinance shall further provide that upon such hearing the Board shall hear any evidence which the aggrieved party or the County may desire to offer, shall make findings and render a decision in writing within 90 days of the filing of the appeal and that the Board may affirm, modify, reverse, vacate or revoke the action from which the appeal was taken to it.

§ 1364. Board of Building Standards

The County Council, by ordinance, may provide for the establishment of a Board of Buildings Standards of five members to be appointed by the County Executive, four members for terms of four years provided that the terms of the original members shall be established in a manner that one shall expire each year and one member to be chairman and to serve at the pleasure of the County Executive. The ordinance shall provide that the Board shall be given the power to perform the following functions, or such portion of them as the County Council may determine:

(1) The Board shall advise the Director of Development and Licensing upon his request upon the interpretation of the Building Code or of any regulation relating to building safety and sanitation.

(2) The Board shall suggest regulations applying standards of good practice in the enforcement of statutes and ordinances dealing with building safety and sanitation.

(3) The Board, upon request of the Director of Development and Licensing, shall pass upon the worth of new and substitute materials proposed to be used in the building construction and upon new methods of construction.

(4) The Board shall consider any suggested changes in standards and regulations, new and substitute materials, or new methods of construction either with or without holding public hearings, but before the Board shall recommend any change or modification of such standards and regulations, it shall hold a public hearing at which all interested parties may present their views. After such public hearing, the Board shall submit its findings and recommendations to the Director of the Department of Development and Licensing for his approval, whereupon they shall become a part of the standards and regulations.

§ 1365. Beautification Board

The Beautification Board shall consist of seven members who shall serve without compensation. The County Executive shall appoint six members for terms of six years provided that the terms of the original members shall be established in a manner that one shall expire each year. One member shall be a painter, one shall be a sculptor, one a landscape architect, two shall be architects, and one shall be a member of the staff or faculty of the University of Delaware nominated by the President of the University. The County Executive shall appoint one member who shall be chairman and who shall serve at the pleasure of the County Executive.

§ 1366. Functions of Beautification Board

(a) The Beautification Board shall perform the following functions:

(1) The Board shall approve any work of art to be acquired by the County whether by purchase, gift, or otherwise, and its proposed location.

(2) The Board shall require to be submitted to it whenever it deems proper a complete model or design of any work of art to be acquired by the County.

(3) The Board shall approve the design and proposed location of any buildings, bridge and its approaches, arch, gate, fence or other structure or fixture to be paid for wholly or in part from the County Treasury or for which the County or any other public authority is to furnish a site, but any such action taken by the Board shall conform to the comprehensive development plan.

(4) The Board shall approve any structure or fixture to be erected by any person upon or to extend over any highway, stream, lake, square, park, or other public place within the County.

(5) The Board shall approve the removal, relocation or alteration of any existing work of art in possession of the County.

(6) The Board shall examine every two years all County monuments and works of art and make a report to the County Executive on their condition with recommendations for their care and maintenance.

(b) The term "work of art" shall include all paintings, mural decorations, inscriptions, stained glass, statutes, reliefs, sculptures, monuments, fountains, arches, or other structures intended for ornament or commemoration.

(c) If the Beautification Board fails to act on any matter submitted to it within 60 days of such submission, its approval of the matter submitted shall be presumed.

SUBCHAPTER V. DEPARTMENT OF PARKS AND

RECREATION

§ 1381. Functions

The Department of Parks and Recreation, headed by a Director of Parks and Recreation, shall perform the following functions:

(1) The Department shall plan, supervise and conduct a comprehensive and coordinated program of cultural and physical recreation.

(2) The Department shall plan, supervise and conduct a program of parks and park related activities for all of the parks of the County.

(3) The Department shall promote, and, to the extent feasible, execute a cooperative recreational program with the public schools, other public agencies, private agencies, and local citizen recreation councils.

(4) The Department, in cooperation with the Department of Planning, shall develop plans for parks, recreation areas, and for the preservation of open space within the County.

§ 1382. Park and Recreation Board

The Park and Recreation Board shall consist of five members who shall serve without compensation and who shall be residents of New Castle County for a period of three years immediately preceding appointment. The County Executive, with the advice and consent of the County Council, shall appoint four members for terms of four years provided that the terms of the original members shall be established in a manner that one shall expire each year. The County Executive, with the advice and consent of the County Council, shall appoint one member who shall be chairman and who shall serve at the pleasure of the County Executive. Only three of the members shall be affiliated with the same political party.

§ 1383. Functions of Park and Recreation Board

The Park and Recreation Board shall perform the following functions:

(1) The Board shall advise and consult with the Director of Parks and Recreation.

(2) The Board shall receive periodic and special reports from the Director of Parks and Recreation concerning the programs and activities of the Department.

(3) The Board may make recommendations to the Director of Parks and Recreation, the Chief Administrative Officer, the County Executive, or the County Council concerning any aspect of the operations or functions of the Department it shall deem appropriate.

SUBCHAPTER VI. TRANSPORTATION BOARD

§ 1391. Transportation Board

The Transportation Board shall consist of seven members who shall serve without compensation and who shall be persons who have a demonstrated interest in improvement of transportation within the County. The County Executive, with the advice and consent of the County Council, shall appoint six members for terms of six years provided that the terms of the original members shall be established in a manner that one shall expire each year. The County Executive, with the advice and consent of the County Council, shall appoint one member who shall be chairman and who shall serve at the pleasure of the County Executive.

§ 1392. Functions

The Transportation Board shall perform the following functions:

(1) The Board shall operate and maintain the airports and aviation facilities of the County.

(2) The Board, in cooperation with the Department of Planning and other federal, State and local agencies, shall develop a comprehensive and coordinated plan and program for the movement of persons and goods to, from and within the County.

(3) The Board, when authorized by the County Council, shall execute the transportation plan or approved portions thereof. To that end the Board may engage in all activities and operations appropriate and necessary to the execution of the plan or portions thereof.

§ 1393. Staff

(a) The Board shall appoint as manager of its airport and aviation activities a person qualified by training and experience in the field of airport management.

(b) The Board may appoint such other officers or employees as it deems necessary or desirable for the performance of its functions.

SUBCHAPTER VII. DEPARTMENT OF POLICE

§ 1401. Functions

The Department of Police, headed by a Director of Police, shall perform the following functions:

(1) The Department shall organize, administer, supervise, and discipline the police force of the County.

(2) The Department shall enforce traffic regulations and investigate accidents provided that the State Police shall receive immediate notification of accidents involving serious personal injury or death.

(3) The Department shall make legal searches, seizures, and arrests, and exercise such legal authority incident thereto which is nor or may be hereafter conferred upon police officers by law.

(4) The Department shall maintain and operate lock-ups for the temporary confinement of prisoners.

(5) The Department shall maintain peace, protect life, property and all other rights and liberties of the people, and do and perform all other lawfully assigned acts.

(6) The Department shall provide school crossing guard service in the manner and to the extent authorized by ordinance.

(7) The Department shall operate and maintain an integrated communications system designed to facilitate the prompt, efficient, and effective performance of its function.

§ 1402. Other police prohibited

No officer, department, or board operating for the County, other than the Department, shall have a police force.

SUBCHAPTER VII. DEPARTMENT OF FIRE

§ 1411. County responsibility for fire protection and ambulance and rescue service

The government of New Castle County may make provisions for the prevention and extinguishment of fires and for ambulance and rescue service in the County. For such purpose, the County Executive may contract with voluntary organizations, or with other persons, and in such case make reasonable payments thereto. In the case of voluntary fire companies, such reasonable payments shall be no less than the amount established by Chapters 19 and 20 of this title.

§ 1412. Department of Fire

The County Council, by ordinance, may provide for the establishment of a Department of Fire, headed by a Director of Fire to be appointed by the County Executive, with the advice and consent of the County Council. The ordinance shall provide that the Department shall perform the following functions: (1) The Department shall be responsible for the extinguishment of fires and for the administration and enforcement of laws, ordinances, and the regulations relating to the prevention of fires and the protection of persons from the hazards thereof. (2) The Department shall make such investigations as to the cause of fires and methods of their prevention as it shall deem appropriate, provided that such investigations shall in no manner interfere with the performance of the duties and responsibilities of the State Fire Marshall. (3) The Department shall provide ambulance and rescue service authorized by law, ordinance, or regulation. (4) The Department shall operate and maintain an integrated communications system designed to facilitate the prompt, efficient and effective performance of its function. The ordinance shall further provide that in the performance of any of the functions of the Department, the Department may contract with voluntary organizations, or with other persons, and in such case shall make reasonable payments thereto; that in the case of voluntary fire companies, such reasonable payments shall be no less than the amount established by Chapters 19 and 20 of this title; that before the services of any volunteer fire company are utilized, the Department shall determine that such company is adequately equipped, manned, organized and disciplined to enable it to perform the services which it renders to the citizens or to the County; and that such determination shall be controlled by standards no less than the standards set for such company by the New Castle County Volunteer Firemen's Association.

SUBCHAPTER IX. DEPARTMENT OF PUBLIC WORKS

§ 1421. Functions

The Department of Public Works, headed by a Director of Public Works, shall perform the following functions:

(1) The Department shall prepare plans and specifications for all public works and supervise the construction thereof.

(2) The Department shall assist the Department of Finance in the tabulation of bids and in the determination of the lowest and best bidder with respect to all public works, and, upon request of the Department of Finance, with respect to materials, supplies and equipment.

(3) The Department shall maintain and operate sanitary and storm sewers, drainage systems, sewage disposal facilities, and refuse disposal facilities. It shall perform all County functions connected with the collection of garbage and refuse, provided that such functions may be performed directly, by contract, or by licenses as the County Council by ordinance may from time to time determine.

(4) The Department shall perform all functions relating to the lighting of the streets, roads, alleys, and other public places.

(5) The Department shall maintain and operate any County public water supply system.

(6) The Department shall maintain and operate all public buildings, except those which by agreement with other governmental jurisdictions are to be otherwise operated and maintained and any building which shall be designated by the County Executive to be excluded from the responsibility of the Department for maintenance or operation.

(7) The Department shall maintain and operate central garages for the storage and maintenance of equipment. It shall be the responsibility of the Department to maintain all automotive equipment, except those that may be specified in writing by the County Executive for maintenance by some other office, department, or board.

(8) The Department shall determine the lines and grades of all private property upon which any structure is about to be built or altered, or with respect to which any subdivision, plat or plan is offered for approval by the Department of Planning. No permit shall be issued for any building and no plat or plan for a subdivision shall be approved by any office, department, or board of the County, including the County Council, except pursuant to the lines and grades thus established.

SUBCHAPTER X. DEPARTMENT OF LAW

§ 1441. Functions

The Department of Law, headed by a County Attorney, shall perform the following functions:

(1) The Department shall serve as chief legal advisor to the County Executive, County Council and all County departments, boards, offices and agencies.

(2) The Department shall represent the county in all legal proceedings.

(3) The Department shall perform any other duties prescribed by this title or by ordinance of the County Council.

§ 1442. Appointment

The County Attorney shall be appointed by the County Executive with the advice and consent of the County Council.

The County Attorney shall serve at the pleasure of the County Executive.

§ 1443. Qualifications

The County Attorney shall be a lawyer admitted to practice before the Supreme Court of Delaware.

§ 1444. Assistant County Attorneys

The County Attorney shall appoint such Assistant County Attorneys as may be authorized by the County Council. The Assistant County Attorneys shall be lawyers admitted to practice before the Supreme Court of Delaware and shall serve at the pleasure of the County Attorney.

§ 1445. Compensation

The annual salary of the County Attorney and each Assistant County Attorney shall be determined by the County Executive.

§ 1446. Other employees

The County Council may provide for such employees as may be necessary to perform the functions required by this title.

SUBCHAPTER XI. DEPARTMENT OF PERSONNEL

§ 1451. Department of Personnel

Upon assuming office on the first Tuesday of January, 1967, the County Council, by ordinance, shall provide for the establishment of a Department of Personnel, headed by a Director of Personnel to be appointed by the County Executive upon the recommendation of the Personnel Board. The ordinance shall provide that the Director of Personnel shall serve at the pleasure of the County Executive and shall be a person qualified for the position by education, experience and training. The ordinance shall further provide for the establishment of a Personnel Board of three members to be appointed by the County

Executive, with the advice and consent of the County Council, for terms of six years provided that the terms of the original members shall be established in a manner that one shall serve for two years, one for four years, and one for six years. The ordinance shall further provide that the members of the Board shall be residents of New Castle County; that they shall be in favor of the merit principle as applied to public employment; that no member of the Board shall be a member of any local, state or national committee of a political party or an officer or a member of a committee of any partisan or political group, or shall hold or be a candidate for any political office; that the members shall be registered voters of the County with at least one a registered voter of one major political party and one a registered voter of the other political party. The ordinance shall further provide that the members of the Board shall elect one of their number to serve as chairman and that they shall be entitled to compensation of $50 per meeting not to exceed 25 meetings in any fiscal year. The ordinance shall further provide for employees to be subordinate to the Director and as necessary to perform the duties of the Department. The ordinance shall further provide for the adoption of a system of personnel administration which shall be administered by the Department and which shall include the following guidelines:

(1) The division of all county officers and employees into unclassified or classified service, and the assignment of all classified employees into categories, based on duties performed and responsibilities assumed.

(2) The establishment of a uniform pay plan for all classified employees based on the classification of the position held.

(3) The regulation of employment and promotion according to competency and fitness, to be ascertained when possible by competitive examination and, when not, by due consideration to qualifications and record of performance.

(4) The establishment of tenure for all classified employees, providing for discipline, demotion and discharge for just cause only, with right of employee appeal to the Personnel Board.

(5) The creation of uniform provisions governing leaves of absence, layoffs, reinstatements, transfers, abolition of positions, sick and annual leaves, hours of work and procedures for hearing employees' grievances and complaints.

§ 1452. Continuance of present system

Any system of personnel administration with respect to the employees of New Castle County which shall be in effect at the time of the effective date of this act, shall remain in effect until the County Council has acted in accordance with the provisions of this subchapter.

Section 3. Chapter 3, Title 9, Delaware Code, is amended as follows:

314,

A.

B. 315,

§§ 301 (a), 303, 309(a) are repealed.

§§ 306, 307, 308, 309 (c), 309 (d), 310,

316, 317, 318, 319, 320, 341, 342, 344,

311,

372,

312,
373,

313,
374,

insofar as they refer to or contemplate a Levy Court of New Castle County or a Levy Court Commissioner of New Castle County are amended to the extent that they shall henceforth only refer to or contemplate a Levy Court or a Levy Court Commissioner in Kent and Sussex Counties.

. § 345 (a) is amended by striking the words "The Levy Court of New Castle County" and by inserting in lieu thereof the words "The County Council of New Castle County".

A. § 349 is amended by striking the words "the several counties shall" in the first sentence thereof and by inserting in lieu thereof the words "of Kent and Sussex Counties shall, and the County Council of New Castle County may,".

B. §§ 343, 346, 347 (a), 348, 350 are amended by adding the words "or the County Council of New Castle County" after the word "county" or after the words "counties" in the first line of each section or subsection.

C. § 347 (b) is amended by adding the words "and the County Council of New Castle County" after the words "Levy Courts" wherever they appear.

G. § 371 is amended by adding the words "County Councilman" after the word "Commissioner" and by adding the words "or County Council" after the words "unless and until the Levy Court" and also after the words "The Commissioners".

. § 377 is amended by adding the words "or the Director of Finance" after the word "county" in the second paragraph.

A. § 379 is amended to read as follows:

§ 379. Legal proceedings

All suits, actions or proceedings brought by the Levy Court of Kent or Sussex Counties, in and about the administration of the government of its county, shall be in the name of The Levy Court of the County. All such suits, actions or proceedings brought by the government of New Castle County shall be in the name of New Castle County.

B. § 302 is amended to read as follows:

§ 302. Composition of County Governments

(a) There shall be a Levy Court in Kent and Sussex Counties each of which shall consist of three members who shall be called "Levy Court Commissioners".

(b) The government of New Castle County shall be as provided in Chapter 11 of this title.

(c) The Levy Court of New Castle County and the offices of Levy Court Commissioner of New Castle County, including the offices of the incumbents, are abolished as of the first Tuesday in January following the election of the first County Executive of New Castle County as provided in Chapter 11 of this title. No election for the office of Levy Court Commissioner of New Castle County shall take place at the general election in which the first County Executive and the first County Council are elected as provided in Chapter 11 of this title.

(d) The two Levy Court Commissioners of New Castle County whose terms of office would not have expired at the time of the effective date of this act but for the provisions of this act shall become County Councilmen at large and each shall serve as a County Councilman, with all the powers, duties and emoluments of that office, until the expiration of the term for which he was originally elected to the office of Levy Court Commissioner, i. e., until the first Tuesday in January, 1969, in the case of the Commissioner who took office in January, 1963, or his successor, and until the first Tuesday in January, 1971, in the case of the Commissioner who took office in January, 1965, or his successor. In case of death or resignation of said incumbent members, or their successors, prior to the expiration of the terms as aforesaid, the Governor shall appoint some suitable person of the same political party having the qualifications previously required of a Levy Court Commissioner, pursuant to the provisions of Section 9, Article HI, of the Constitution of this State. For any purpose for which a majority vote or five-sevenths vote is required by this title during the time that the County Council shall be composed of more than seven members, the number so required shall be five and six respectively.

K. § 351 is amended by inserting the words "or the New Castle County government" after the words "Levy Courts" wherever they appear.

L. § 306 is amended by adding a new subsection to read as follows:

(c) No officer or employee of the New Castle County government shall hold more than one position of county office or employment from which he derives compensation.

Section 4. Chapter 5, Title 9, Delaware Code, is amended as follows:

A. The words "or County Council" are added after the words "Levy Court" wherever they appear in Chapter 5.

B. § 501 is amended by adding the following definition:

(4) "County Council" means the County Council of New Castle County.

(5) All references to "Receiver of Taxes and County Treasurer" and "Board of Assessment" shall be construed to mean the "Department of Finance" insofar as New Castle County is concerned.

(6) All reference to the "County Engineer" shall be construed to mean the Director of Public Works insofar as New Castle County is concerned.

Section 5. Chapter 6, Title 9, Delaware Code, is amended by adding a new section to read as follows:

§ 304. Application of chapter

(a) This chapter shall henceforth apply only in Kent and Sussex Counties provided that any obligations heretofore undertaken in New Castle County shall continue in force until they expire by their terms.

(b) Parks and recreational facilities in the unincorporated communities of New Castle County shall be under the supervision of the Department of Parks and Recreation as provided in Chapter 13 of this title.

Section 6. Chapter 7, Title 9, Delaware Code, is amended as follows:

A. § 702 is amended by striking the sentences beginning with "Clerk of the Levy Court" and "Levy Court" and adding new sentences to read as follows:

"County Council" means the County Council of New Castle County in which the park district is located.

"Clerk of the County Council" means the Clerk of the County Council of New Castle County in which the park district is located.

"Department of Finance" means the Department of Finance of New Castle County in which the park district is located.

"Levy Court" means the Levy Court of the county, Kent or Sussex, in which the park district is located.

"Clerk of the Peace" means the Clerk of the Peace of the

county, Kent or Sussex, in which the park district is located.

"Receiver of Taxes and County Treasurer" means the Receiver of Taxes and County Treasurer of the county, Kent or Sussex, in which the park district is located.

B. § 710 is amended by striking the words "Levy Court of the County in which such territory lies" and inserting in lieu thereof the words "County Council or Levy Court".

C. § 711 is amended by striking the words "Levy Court of the county in which such proposed district is situated" and inserting in lieu thereof the words "Clerk of the County Council or Clerk of the Peace".

D. § 712 is amended by striking the words "Levy Court shall" in the first sentence and inserting in lieu thereof the words "County Council, by ordinance, or the Levy Court, by resolution, may"; by striking the words "Levy Court" in the second sentence and inserting in lieu thereof the words "County Council or Levy Court"; and by striking the words "Levy Court" in the third sentence and inserting in lieu thereof the words "County Council or Clerk of the Peace".

E. § 713 is amended by striking the words "Levy Court" in the last sentence and inserting in lieu thereof the words "County Council or Clerk of the Peace".

F. § 714 is amended by striking the words "Levy Court" in the first and second sentence and inserting in lieu thereof the words "County Council or Levy Court".

G. § 716 is amended by striking the words "Levy Court" and inserting in lieu thereof the words "County Council or Clerk of the Peace".

H. § 750 is amended by striking the words "Receiver of Taxes of the County in which the same is to be collected" in the third sentence and inserting in lieu thereof the words "Department of Finance or Receiver of Taxes and County Treasurer"; and by striking he words "Receiver of Taxes" in the fourth sentence and inserting in lieu thereof the words "Department of Finance or Receiver of Taxes and County Treasurer".

I. § 751 is amended by striking the words "or counties".

J. § 752 is amended by striking the words "Receiver of Taxes and County Treasurer of the County or Counties wherein the district is situated" and inserting in lieu thereof the words "Department of Finance or Receiver of Taxes and County Treasurer".

K. § 753 a) is amended by striking the words "Receiver of Taxes and County Treasurer" in the first line and inserting in lieu thereof the words "Department of Finance or Receiver of Taxes and County Treasurer"; and by striking the words "Receiver of Taxes and County Treasurer" in the fourth line and inserting in lieu thereof the words "Department of Finance".

L. § 754 (a) and (b) is amended by striking the words "Each Receiver of Taxes and County Treasurer" and inserting in lieu thereof the words "The Department of Finance or Receiver of Taxes and County Treasurer".

. § 761 is amended by striking the words "in the office of the Receiver of Taxes in each of the counties wherein such district lies" and inserting in lieu thereof the words "with the. Department of Finance or Receiver of Taxes and County Treasurer".

A. § 763 is amended by striking the words "Receiver of Taxes of the County in which the district is located" and inserting in lieu thereof the words "Department of Finance or Receiver of Taxes and County Treasurer".

O. Any park district organized under this chapter prior to the effective date of this act shall be preserved and continued subject to the provisions of this act.

Section 7. Chapter 15, Title 9, Delaware Code, is amended as follows:

A. § 1501 (1) is amended to read as follows:

(1) The words "New Castle County government", or words of similar import, means the government of New Castle County as established in Chapter 11 of this title.

B. § 1502 is amended as follows:

(1) By striking the word "Commissioner" and by inserting in lieu thereof the words "County officer or employee".

(2) By striking the words "of the Levy Court" wherever they appear.

C. §§ 1503, 1504, 1505, 1506, 1507, are repealed.

D. § 1521 (a) is amended as follows:

(1) The words "in addition to the powers elsewhere conferred upon all Levy Courts or upon the Levy Court of New Castle County, and without limiting their generality, the Levy Court of New Castle County" are amended to read "in addition to the powers elsewhere conferred upon Levy Courts or upon the government of New Castle County and without limiting their generality, the government of New Castle County".

(2) The words "The Levy Court of New Castle County" which appear at the beginning of the second sentence are stricken and the words "The County Council in accordance with the provisions of section 1161 of this title" are inserted in lieu thereof.

E. § 1521 (b) is amended by striking the words "Levy Court" and by inserting in lieu thereof the words "New Castle County government".

F. §§ 1521 (c), 1521 (d), 1521 (e), 1521 (f) are amended by striking the words "the Levy Court of New Castle County" and the words "Levy Court" wherever they appear in those

subsections and by inserting in lieu thereof the words "the government of New Castle County".

G. § 1522 is amended as follows:

(1) By striking the words "Levy Court" in subsections (a) and (c) and by inserting in lieu thereof the words "County Council".

(2) By amending the fifth sentence of subsection (b) to read: "The obligations shall be signed by the County Executive either in original or by authorized mechanical signature and sealed with the seal of the Clerk of the Council".

(3) By substituting the figure "5" for the figure "3" in the first sentence of subsection (b).

(4) By striking the word "borrow" in subsection (a) and by inserting in lieu thereof the words "authorize the borrowing of".

(5) By striking the words "Levy Court" in the first sentence of subsection (b) and by inserting in lieu thereof the words "Department of Finance",

H. § 1523 is amended by striking the words "Levy Court" wherever they appear and by inserting in lieu thereof the words "Department of Finance" and is further amended by striking the words "Receiver of Taxes and County Treasurer of the".

I. § 1524 is repealed.

J. § 1525 is amended by striking the words "Levy Court" and by inserting in lieu thereof the words "County Council".

K. § 1525 (a) is amended by striking the words "; provided, however, that this section shall not apply to the Seventh Senatorial District of New Castle County." and inserting a period after the word "regulations".

L. § 1525 (c) is repealed.

M. § 1526 is amended by striking the words "Levy Court" and the words "County Engineer" wherever they appear and by inserting in lieu thereof the words "County Council" and the words "Department of Public Works", respectively.

N. §§ 1561, 1562, 1563 are amended by striking the words "Levy Court" wherever they appear and by inserting in lieu thereof the words "County Council".

Section 8. Chapter 16, Title 9, Delaware Code, is amended as follows:

A. §§ 1602, 1604, 1607 and the third sentence of § 1608 are amended by striking the words "Levy Court" wherever they appear and by inserting in lieu thereof the words "County Council".

B. The first sentence of § 1608 is amended by striking the words "Levy Court for New Castle County" and inserting in lieu thereof the words "County Executive of New Castle County".

C. The first sentence of § 1608 is further amended by striking the words "first day of May" and by inserting in lieu thereof the words "fifteenth day of February".

Section 9. Chapter 17, Title 9, Delaware Code, is amended as follows:

A. All reference to the "Levy Court" shall be construed to refer to the "County Council".

B. All references to the "Receiver of Taxes and County Treasurer" or the "County Treasurer" shall be construed to refer to the "Department of Finance of New Castle County".

C. § 1706 (e) is repealed.

D. § 1707 is amended to read as follows:

§ 1707. Pension provisions in annual budget

The annual budget shall make provision for payment of all pensions which may be due under this chapter.

E. § 1708 (a) is amended by striking the words "and in the same manner".

F. § 1711 is repealed.

G. The form of the Resolution contained in § 1712 is amended by striking all the language after the word "(Signed)" and by inserting in lieu thereof the words "President of the County Council of New Castle County".

Section 10. Chapter 18, Title 9, Delaware Code, is amended as follows:

A. All references to "Levy Court" wherever they appear shall be construed to refer to the "County Council".

B. All reference to the "Comptroller of New Castle County" shall be construed to refer to the "Department of Finance".

C. The last sentence of § 1804 is repealed.

Section 11. Chapter 19, Title 9, Delaware Code ,is amended as follows:

A. § 1901 is amended by striking the words "Levy Court" and by inserting in lieu thereof the word "government".

B. § 1902 (a) is amended by inserting in the second paragraph before the words "shall be paid" the following: ", if appropriated,".

C. § 1902 is amended by striking the words "Levy Court" whenever they appear and by inserting in lieu thereof the words "County Council".

D. § 1902 (b) is repealed.

E. § 1903 is amended as follows:

(1) Subsection (a) and (b) are repealed.

(2) Subsection (c) is amended by striking the words "Such police" in the first sentence and by inserting therein the words "The County police".

(3) Subsection (c) is further amended by adding the following sentence: "The County police shall be appointed by the Director of Police".

(4) Subsection (c) is further amended by striking the words "Levy Court" from the last sentence and by inserting in lieu thereof the words "Director of Police".

(5) Subsection (d) is amended to read as follows:

"The County police shall be subject to such rules and regulations as the Director of Police may prescribe".

Section 12. Chapter 20, Title 9, Delaware Code, is amended as follows :

A. § 2001 is amended by striking the words "Levy Court" and by inserting in lieu thereof the word "government".

B. §§ 2002, 2003 are repealed.

C. §§ 2004, 2005 are amended by striking the words "Levy Court" and by inserting in lieu thereof the words "County Council".

D. § 2004 is amended by striking the word "shall" in the first sentence thereof and by inserting in lieu thereof the word "may", and by striking the words "The appropriations" in the second sentence thereof and by inserting in lieu thereof the following: "The said sum of $500, if appropriated,".

E. § 2005 is amended by striking the words "shall and is hereby authorized and directed to" in the first paragraph and by inserting in lieu thereof the word "may", and by inserting in the second and third paragraphs before the words "shall be paid" the following: ", if appropriated,".

Section 13. Chapter 21, Title 9, Delaware Code, is amended as follows:

A. All reference to "Levy Court" shall be construed to mean the "County Council".

B. All references to the "Receiver of Taxes and County Treasurer" and to the "Comptroller" shall be construed to mean the "Department of Finance".

C. The reference to "President of Levy Court in § 2103 shall be construed to mean "County Executive".

Section 14. Chapter 22, Title 9, Delaware Code, is amended as follows:

A. All reference to the "Levy Court" shall be construed to mean the "County Council".

B. All reference to the "County Engineer" shall be construed to mean the "Department of Public Works".

Section 15. Chapter 23, Title 9, Delaware Code, is amended as follows:

A. All references to "Levy Court" shall be construed to mean "County Council".

B. All references to the "County Engineer" shall be construed to mean the "Department of Public Works".

C. § 2307 (b) is amended by striking the words "Levy Court Attorney" and by inserting in lieu thereof the words "County Attorney".

D. § 2314 is amended by striking the words "attorney for the Levy Court" and by inserting in Lieu thereof the words "County Attorney".

Section 16. Chapter 24, Title 9, Delaware Code, is amended as follows:

A. All references to "Levy Court" shall be construed to mean "County Council".

B. All references to "Receiver of Taxes and County Treasurer" shall be construed to mean the "Department of Finance".

C. All references to the "President of Levy Court" shall be construed to mean the "County Executive".

D. § 2406 is amended by striking out the words "and the Clerk of the Peace of New Castle County".

Section 17. Chapter 25, Title 9, Delaware Code, is repealed in its entirety.

Section 18. Chapter 26, Title 9, Delaware Code, is amended as follows:

A. All references to the "Levy Court" shall be construed to refer to the "County Council".

B. All references to "Zoning Commission" or "Commission" shall be construed to refer to the "Department of Planning".

C. §§ 2602 (c), 2604, 2606, 2607, 2608, 2613, 2614, 2615, 2616, 2617, 2618, 2621, 2622, are repealed.

D. § 2610 (c) is amended by striking the figures "30" and by inserting in lieu thereof the figures "45".

Section 19. Chapter 27, Title 9, Delaware Code, is amended as follows:

A. § 2703 is amended by striking the words "Levy Court" and by inserting in lieu thereof the words "Department of Police".

B. § 2702 (c) and (d) are amended to read as follows:

(c) The guards shall be subject to such rules and regulations as the Director of Police may prescribe, and their compensation shall be fixed by the pay plan.

(d) The Department of Police shall provide and maintain an appropriate uniform to be paid from County funds.

C. § 2704 (a) is amended as follows:

(1) By striking the words "Levy Court" where they first appear and by inserting in lieu thereof the words "County Council".

(2) By striking the words "by the Levy Court".

D. § 2701 (a) is amended by striking the words "The Levy Court" and by inserting in lieu thereof the words "Upon the authorization of the County Council, the Department of Police".

Section 20. Chapter 80, Title 9, Delaware Code, is amended as follows:

A. §8001 is amended to read as follows:

§ 8001. Budget of estimated expenditures

(a) The Levy Court of Kent and Sussex Counties shall after due inquiry and investigation, prepare and adopt a budget or estimate of the amount of the money which will be required by the county during the next fiscal year to discharge demands upon the county both those which have accrued and those for which it is deemed expedient to make provision.

(b) The government of New Castle County shall prepare and adopt a budget as provided in Chapter 11 of this title.

(c) In New Castle County, the budget shall be adopted not later than the first day of June in each year and in Kent and Sussex Counties not later than the 30th day of April in each year.

B. §§ 8002 (a), 8003 are amended by inserting after the words "Levy Court" or "Levy Courts" the words "or the County Council of New Castle County".

C. § 8003 (b) is amended by striking the words and figures "May 15th" and by inserting in lieu thereof the words and figures "June 1st".

D. §§ 8002 (a), 8003 (a) are amended by inserting after the words "Board of Assessment" the words "or the Department of Finance".

E. §§ 8004, 8005 are amended by striking the words "each Levy Court" and by inserting in lieu thereof the words "the Levy Courts of Kent and Sussex Counties".

F. § 8002 (b) is amended by striking the second sentence thereof".

Section 21. Chapter 8, Title 9, Delaware Code, is amended by repealing §§ 8201, 8205 (1), 8208.

Section 22. Chapter 83, Title 9, Delaware Code, is amended as follows:

A. § 8301 is amended by striking the words "each Board of Assessment" and by inserting in lieu thereof the words "the Boards of Assessment in Kent and Sussex Counties".

B. § 8301 is further amended by adding the following sentence:

The procedure in New Castle County shall be as provided in Chapter 13 of this title.

C. §§ 8304 (c), 8312 (1) are repealed.

D. § 8315 (b) is amended to read as follows: The certification in Kent County shall be by May 1st and in Sussex County by April 1st.

E. § 8316 is amended by striking the words "in New Castle and Kent Counties" and by inserting in lieu thereof the words "in Kent County".

F. § 8321 is amended by striking the words "the Board of Assessment on blanks to be furnished by the Board" and by inserting in lieu thereof the words "the Department of Finance on blanks to be furnished by the Department".

G. §§ 8310, 8311 (a), 8313, 8322, 8323 are amended by adding the words "or Department of Finance" after the words "Board of Assessment".

H. § 8314 is amended by adding the words "of Kent or Sussex Counties, or the Board of Assessment Review of New Castle County" after the words "Board of Assessment".

. § 8315 (a) is amended by adding a new sentence to read as follows:

In New Castle County, the Board of Assessment Review shall certify the total of the assessed valuation to the County Council through the Department of Finance.

A. The first sentence of § 8315 (b) is repealed.

B. § 8318 is amended by adding a new sentence to read as follows:

The powers herein granted may be exercised by the Department of Finance in New Castle County.

C. § 8326 is amended by adding a new sentence to read as follows:

In New Castle County, the Department of Finance shall ascertain and report to the County Council the number of persons liable to capitation tax.

D. By adding a new § 8328 to read as follows:

§ 8328. Construction

In the construction of the provisions of this chapter, the powers and duties assigned solely to Boards of Assessment shall not be applicable to New Castle County. All other provisions of this chapter from which New Castle County is not specifically excluded shall be applicable to New Castle County.

A. § 8401 (a) is amended by striking the words "each County" and by inserting in lieu thereof the words "Kent and Sussex Counties".

B. § 8401 (a) is further amended by striking the last sentence thereof.

C. § 8401 (b) is amended by striking the words "Treasurers for New Castle and Sussex Counties" from the first sentence thereof and by inserting in lieu thereof the words "Treasurer for Sussex County".

. § 8401 (c) is amended by striking from the first sentence thereof the words "and, in New Castle County, must be a freeholder".

A. § 8402 (a) is amended by striking the words "and in the sum of $50,000 in New Castle County".

B. § 8402 (c) is amended by striking the second sentence thereof.

C. §§ 8405 (1), 8406 (a) (1) are repealed.

D. Subchapter II is repealed in its entirety insofar as it relates to New Castle County with the following exceptions:

(1) § 8429 is amended by adding the words "or Director of Finance" after the word "Treasurer".

(2) § 8434 is amended by striking the words "Receiver of Taxes and County Treasurer, and by inserting in lieu thereof the words "Director of Finance".

(3) § 8437 is amended as follows:

(a) By striking the words "Receiver of Taxes and County Treasurer" and by inserting in lieu thereof the words "Director of Finance".

(b) By striking the words "President of the Levy Court" and by inserting in lieu thereof the words "President of the County Council".

(c) By striking the words "the Levy Court of".

(d) By striking the word "Comptroller" and by inserting in lieu thereof the words "County Auditor".

Section 24. Chapter 86, Title 9, Delaware Code, is amended as follows:

A. §§ 8602, 8603, 8605, 8615, 8616, are amended by inserting the words "or Director of Finance" after the words "Receiver of Taxes and County Treasurer" wherever they appear.

B. §§ 8608, 8611 are amended by striking the words "Receiver of Taxes and County Treasurer" wherever they appear and by inserting in lieu thereof the words "Department of Finance".

Section 25. Chapter 87, Title 9, Delaware Code, is amended as follows:

A. §§ 8711, 8721 are amended by adding the words "or the Department of Finance" after the word "Treasurer" wherever it appears.

B. § 8705 (a) is amended by striking the words "the Levy Court in".

C. § 8707 is amended by adding the words "or the Department of Finance" after the word "Treasurer".

D. §§ 8708 and 8709 are amended by striking the words "Receiver of Taxes and County Treasurer" and by inserting in lieu thereof the words "or the Department of Finance" wherever they appear.

E. § 8722 is amended as follows:

(1) The words "Receiver of Taxes and County Treasurer" are stricken wherever they appear and the words "or the Department of Finance" are inserted in lieu thereof.

(2) The words "or caused to be filed by the Collector of Delinquent Taxes for New Castle County" are stricken from the first paragraph.

(3) The words "prepared by the Board of Assessment" are stricken from the second paragraph.

(4) The words "as prepared by the Board of Assessment of New Castle County" are stricken from the fourth paragraph.

(5) The words "the Collector of Delinquent Taxes for New Castle County on behalf of" are stricken from the ninth paragraph.

F. § 8723 is amended by striking the words "Receiver of Taxes and County Treasurer of New Castle County or the Collector of Delinquent Taxes for New Castle County on his behalf" and by inserting in lieu thereof the words "the Department of Finance".

G. § 8725 is amended as follows:

(1) By striking the words "the Collector of Delinquent Taxes for New Castle County on behalf of the Receiver of Taxes and County Treasurer of New Castle County" and by inserting in lieu thereof the words "the Department of Finance".

(2) By striking the words "prepared by the Board of Assessment of New Castle County" from the first paragraph.

(3) By striking the words "Receiver of Taxes and County Treasurer of New Castle County" wherever they appear and by inserting in lieu thereof the words "Director of Finance" in the form of the writ referred to in the last paragraph of § 8725.

H. § 8727 is amended by striking the words "prepared by the Board of Assessment".

I. § 8732 is amended by striking the words "Collector of Delinquent Taxes" and by inserting in lieu thereof the words "Department of Finance".

J. § 8733 is amended by striking the words "Receiver of Taxes and County Treasurer of New Castle County, or the Delinquent Tax Collector of New Castle County, on his behalf" where they first appeared and by inserting in lieu thereof the words "Department of Finance".

K. §§ 8741, 8743, 8753, 8754 are amended by striking the words "Receiver of Taxes and County Treasurer" wherever they appear and by inserting in lieu thereof the words "Department of Finance".

L. § 8753 is further amended by striking the words "Levy Court" wherever they appear and by inserting in lieu thereof the words "County Council".

M. § 8753 (b) is further amended by striking the words "President of the Levy Court" and by inserting in lieu thereof the words "County Executive".

Section 26. Chapter 91, Title 9, Delaware Code, is amended as follows:

A. § 9102 is amended as follows:

(1) The words "in each county" in the first sentence are stricken and the words "or County Council of each county" are inserted in lieu thereof.

(2) The words "or Chief Administrative Officer" are inserted after the words "Levy Court" in the second sentence.

B. § 9103 is amended by striking the words "of each County" and by inserting in lieu thereof the words "or County Council of each county".

C. § 9106 is amended by striking the words "Levy Court" and by inserting in lieu thereof the word "government".

D. § 9107 is amended by striking the words "Levy Court" and by inserting in lieu thereof the words "County government".

E. §§ 9108, 9109, 9112, 9114 (a), 9115 (a) are amended by adding the words "or Department of Finance" after the word "Treasurer" wherever it appears.

F. § 9111 is amended as follows:

(1) The words "or Department of Finance" are inserted after the words "County Controller".

(2) The words "or County Council" are inserted after the words "Levy Court" in the second sentence.

G. § 9112 is further amended by striking the words "of each County" and by inserting in lieu thereof the words "or County Council" in the third sentence.

H. § 9121 is amended by striking the words "Levy Courts" and by inserting in lieu thereof the words "County governments".

Section 27. Chapter 92, Title 9, Delaware Code, is amended as follows:

A. § 9203 (a) is repealed.

B. A new section is added to read as follows:

§ 9206. Application in New Castle County

The provisions of this Chapter shall not apply to New Castle County. In New Castle County the provisions of Subchapter IX of Chapter 13 of this title shall apply.

Section 28. Chapter 93, Title 9, Delaware Code, is amended as follows:

A. § 9301 is amended by striking from the first sentence the words "each of the counties of this State" and by inserting in lieu thereof the words "Kent and Sussex Counties".

B. § 9305 (i) is repealed.

C. § 9306 is amended as follows:

(1) The first sentence is amended by striking the words "the salary of the Controller of New Castle County shall be $4200 per year and".

(2) The second sentence is amended by striking the words "the salary of the Controller of New Castle County shall be paid in semi-monthly installments ;".

D. § 9307 (a) is amended to read as follows:

The Comptroller of Sussex County may select and employ one deputy.

E. § 9307 (b) is amended by striking the first sentence.

F. This section shall take effect at the expiration of the term of the person presently holding the office of Comptroller of New Castle County. Prior to the expiration of that term, the County Comptroller shall continue to hold office and perform, under the direction and control of the Department of Finance, the functions assigned to him by law prior to the enactment of this statute.

Section 29. Chapter 94, Title 9, Delaware Code, is amended as follows:

A. §§ 9404, 9405, 9406, 9407, 9408, 9409, 9410, 9411, 9412, 9413, 9414, 9415, 9418 are amended by adding the following sentence to each section:

This section shall not apply to the Clerk of the Peace of New Castle County.

B. § 9403 is amended by striking paragraph (1) and the words "in the respective counties" and by inserting in lieu thereof the words "Kent and Sussex Counties".

A. § 9503 is amended by striking the words "County Treasurer" and by inserting in lieu thereof the words "County Council".

B. §§ 9507, 9532 are amended by adding the words "or County Council" after the words "Levy Court" wherever they appear.

Section 31. Chapter 96, Title 9, Delaware Code, is amended as follows:

A. § 9603 (1) is repealed.

B. § 9614 is amended by adding the words "or Department of Finance" after the word "Assessment" wherever it appears.

Section 32. Title 10, Delaware Code, is amended as follows:

A. § 326 (a) is amended by adding the words "or County Council" after the words "Levy Courts".

B. § 326 (b) is amended by striking the words "and to the respective County Treasurers" and by inserting in lieu thereof the words "or County Council and to the respective County Treasurers or Department of Finance".

C. §§ 504, 505 are amended by inserting the words "or County Council" after the words "Levy Court" wherever they appear.

D. § 522 (a) is amended by adding the words "or County Council" after the words "Levy Courts".

E. § 522 (b) is amended by striking the words "and to the respective County Treasurers" and by inserting in lieu thereof the words "or County Council and to the respective County Treasurers or Department of Finance".

F. § 526 is amended by adding the words "or Department of Finance" after the words "Treasurer" or "Treasurers" wherever they appear.

G. § 1302 (c) is amended by striking the words "Levy Court" and by inserting in lieu thereof the words. "County Council".

H. §§ 1321, 1324, 1325, 1326 are amended by striking the words "Levy Court" and inserting in lieu thereof the words "County Council".

. §§ 1923, 1924, 1925, 1926, 1927 are amended by striking the words "Levy Court" and by inserting in lieu thereof the words "County Council".

A. § 2102 (1) is repealed.

B. § 2103 is amended by adding the words "or County Council" after the words "Levy Court".

C. § 2106 (b) is amended by adding the words "or County Council" after the words "Levy Court".

D. § 2112 is amended by adding the words "or the Department of Finance" after the word "Treasurer" wherever i_t appears.

E. § 2302 (b) (1) b, c, d, e, f, are repealed. 0. § 2503 (b) (1) is repealed.

P. § 2504 is amended by adding the words "or the Department of Finance" after the word "Assessment".

Q. §§ 2701, 2722 (a), 2730 are amended by striking the words "Levy Court" and by inserting in lieu thereof the words "County Council".

R. § 2706 (b) is amended by adding the words "or County Council" after the words "Levy Court" and by inserting the words "or a majority of the County Council" after the word "Commissioners".

. §§ 2710, 2711 (a) are amended by adding the words or County Council" after the words "Levy Court".

T. § 4526 (a) is amended by adding the words "or Department of Finance" after the word "Treasurer".

U. § 4526 (b) is amended by adding the words "or Department of Finance" after the words "Levy Court".

V. § 8903 (a) is amended by adding the words "or County Council" after the words "Levy Court".

W. § 8903 (b) is amended by adding the words "or Department of Finance" after the word "Treasurer".

X. § 9109 is amended by adding the words "or County Council" after the words "Levy Court" wherever they appear.

Y. §§ 9569 (a), 9575 (e) are amended by adding the words "or County Council" after the words "Levy Court" or "Levy Courts".

Z. § 986 (c) is amended by striking the words "the Levy Court of".

Section 33. Title 11, Delaware Code, is amended as follows:

A. §§ 4302, 4303, 4304 are amended by adding the words "or County Council" after the words "Levy Court" wherever they appear.

B. §§ 4303, 4304 are amended by adding the words "or by the Department of Finance" after the word "Comptroller" and after the words "Levy Court".

C. §§ 4702 (b), 4704 (b) are amended by adding the words "or County Council" after the words "Levy Court" wherever they appear.

D. § 5919 (a) is amended as follows:

(1) The words "or County Council" are added after the words "Levy Court" wherever they appear.

(2) The words "or Department of Finance" are added after the words "County Comptroller" in the third sentence.

(3) The words "or Department of Finance" are added after the words "County Treasurer" in the fourth sentence.

Section 34. Title 15, Delaware Code, is amended as follows:

A. §§ 5005, 5007 are amended by adding the words "or County Council" after the words "Levy Court" wherever they appear.

B. § 5705 (b) is amended by adding at the end thereof the following:

"County Executive of New Castle County, one; County Councilmen of New Castle County, one for each Councilman."

C. § 5706 (a) is amended by adding the words "of County Executive of County Councilman" after the word "Coroner".

D. § 5706 (b) is amended by striking the paragraph reading:

"In case of Levy Court Commissioners for New Castle .. . was duly elected Levy Court Commissioner for . . . District in said County; and so on, giving a certificate for each Levy Court Commissioner elected in each district in said County" and inserting in lieu thereof the following:

"In case of the County Executive for New Castle County

. . . was duly elected County Executive for New Castle County

"In case of County Councilman for New Castle County .. . was duly elected County Councilman for the - - - - Council-manic District in New Castle County ; and so on, giving a certificate for each Councilman elected in each Councilmanic District in New Castle County".

E. § 5708 is amended by adding after the word "Coroner" the words "County Executive or County Councilman".

Section 35. Title 16, Delaware Code, is amended as follows:

A. § 156 is amended by adding the words "or County Council" after the words "Levy Court".

B. § 5154 is amended by adding the words "or County Council" after the words "Levy Court".

C. § 5130 is amended by adding the words "or County Council after the words "Levy Court".

Section 36. § 3112 (b), Title 20, Delaware Code, is amended by adding the words "or County Executive of New Castle County" after the words "Levy Court of each County".

Section 37. § 1303 (e), Title 25, Delaware Code, is amended by adding the words "or County Council" after the words "Levy Court".

Section 38. Title 29, Delaware Code, is amended as follows:

A. § 502 is amended by adding the following sentence:

The seal of the office of the Clerk of the County Council shall be the seal of the County government of New Castle County.

. § 5522 is amended by striking the words "Levy Courts" wherever they appear and by inserting in lieu thereof the words "County government".

Section 39. Title 31, Delaware Code, is amended as follows:

A. § 517 is amended by adding the words "or County Council" after the words "Levy Court".

C. § 2832 is amended as follows:

(1) The words "or County Council" are added after the words "Levy Court" wherever they appear.

(2) The words "or Department of Finance" are added after the word "Treasurer" wherever it appears.

Section 40. Any reference in the Delaware Code or in any other law of this State to the offices of the Receiver of Taxes and County Treasurer of New Castle County or the Collector of Delinquent County Taxes in New Castle County or to the County Comptroller of New Castle County which is not specifically referred to in this act shall be construed to mean the Department of Finance of New Castle County.

Section 41. Any reference in the Delaware Code or any other law of this State to the Levy Court of New Castle County or to the Levy Court Commissioners of New Castle County which is not specifically referred to in this act shall be construed to mean the County government of New Castle County as created by Sections 1 and 2 of this act.

Section 42. As far as the Constitution of this state permits, this act shall occupy the entire field of County self-government for New Castle County and all laws relating to or effecting New Castle County, its agencies, officials or employees and all County ordinances, resolutions, orders and regulations which are in force when this act becomes fully effective are repealed to the extent that they are inconsistent with or interfere with the effective operation of this act or of ordinances, or resolutions adopted by the County under the provisions of this act. All lawful obligations of New Castle County existing on the effective date of this act and all fines, taxes, penalties, forfeitures, obligations and rights due, owning or accruing to the County of New Castle and all writs, prosecutions, actions and proceedings by or against the County of New Castle shall continue and remain unaffected by the adoption of this act. All prosecutions instituted prior to the effective date of this act and all offenses committed prior thereto may be prosecuted as theretofore.

Section 43. If any provision of this act is held invalid, the other provisions of this act shall not be effected thereby. If the application of this act or any of its provisions to any person or circumstance is held invalid, the application of the act and its provisions to other persons or circumstances shall not be affected thereby.

Section 44. All officers, departments, boards, commissions and committees, including all bureaus, divisions, sections, units, or other organizational units heretofore performing functions in respect to the government of the County of New Castle are hereby abolished except those required to be continued by provisions of the Constitution of the State of Delaware and also except for the Public Building Commission for the City of Wilmington and for New Castle County.

Section 45. If a County department, office or agency is abolished by this act, the powers and duties given it by law shall be transferred to the County department, office or agency designated in this act, or if this act makes no provision, as designated by the County Executive.

Section 46. All property, records and equipment of any department, office or agency of New Castle County existing when this act is adopted shall be transferred to the department, office or agency assuming its powers and duties. In the event that the powers or duties are to be discontinued or divided between units or in the event that any conflict arises regarding a transfer, such property, records or equipment shall be transferred to one or more departments, offices or boards designated by the County Executive.

Section 47. All rights, claims, actions, orders, contracts and legal administrative proceedings shall continue except as modified pursuant to the provisions of this act and in each case shall be maintained, carried on or dealt with by the County department, office or board appropriate under the provisions of this act.

Section 48. At the time of its adoption this act shall be in effect to the extent necessary in order that the first elections of the County Executive and members of the County

Council may be conducted in accordance with the provisions of this act. The first election shall be held at the next general election in November following the enactment of this act. This act shall be in full effect for all purposes on and after the date and time the first County Executive and County Councilmen take office following their elections pursuant to the terms of this act.

Approved May 26, 1965.